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Wixon v. Wyndham Resort Development Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 7, 2008

CLARKE AND REBECCA WIXON AND NORMAN AND BARBARA WIXON, DERIVATIVELY AND ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
WYNDHAM RESORT DEVELOPMENT CORP. (F/K/A TRENDWEST RESORTS, INC.), GENE HENSLEY, DAVID HERRICK, JOHN HENLEY, PEGGY FRY AND JOHN MCCONNELL, AND NOMINALLY, WORLDMARK,
CLUB,
DEFENDANTS.

The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge

Judge: Hon. Jeffrey S. White

STIPULATION RE: PLAINTIFFS' REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;AND [PROPOSED] ORDER Current CMC date: November 14, 2008 Current CMC time: 1:30 p.m. the Requested CMC date: December 5, 2008 Requested CMC time: 1:30 p.m.

conference date previously scheduled for October 31, 2008 at 1:30 p.m, and resetting that matter for hearing on November 14, 2008 at 1:30 p.m.;

Barbara Wixon ("Plaintiffs") filed a Notice of Pendency of Other Actions or Proceedings ("Notice of Superior Court of California, County of Sacramento: WorldMark, The Club v. Robin Miller, Wyndham PT-GDS, Superior Court of California, County of Sacramento, Department 53, 800 Ninth Street,

WHEREAS, the Director Defendants filed their opposition to Plaintiffs' Notice of Pendency on November 3, 2008, and Defendant Wyndham will timely file its opposition to Plaintiffs' Notice of

WHEREAS, the Defendants do not take a position that the CMC date should be changed and do not stipulate to nor join in Plaintiffs' position regarding the proceedings in the Sacramento County

WHEREAS, the California Superior Court has scheduled two hearings in the above-described California state court proceeding in the Sacramento Superior Court for Friday, November 14, 2008, as follows: (1) a hearing on Plaintiffs' motion to intervene in the California State court proceeding, which motion is to be heard in Department 47 of the Sacramento Superior Court at 9:30 a.m. on November 14, 2008; and (2) a hearing on the petition filed by WorldMark, the Club ("WorldMark") to set aside a demand by respondent/WorldMark member Robin Miller for access to the WorldMark membership register, which matter is to be heard in Department 53 of the Sacramento Superior Court at 2:00 p.m. on

WHEREAS, counsel for Plaintiffs sought unsuccessfully to reschedule the hearings in the Sacramento Superior Court to avoid a scheduling conflict with the case management conference scheduled in this action, presently set for November 14, 2008 at 1:30 p.m.;

WHEREAS, on October 29, 2008, the Court issued an order vacating the case management

WHEREAS, also on October 29, 2008, Plaintiffs Clarke and Rebecca Wixon and Norman and Pendency"), identifying the following California state court proceeding currently pending in the Resort Development Corporation and DOES 1 through 50, inclusive, Case No. 34-2008-00025130-CU-9

Sacramento, California;

Pendency;

Court;

November 14, 2008;

WHEREAS, as a result of the foregoing, counsel for Plaintiffs has a scheduling conflict in another pending matter that cannot be avoided;

WHEREAS, counsel for Plaintiffs has met and conferred with Defendants' counsel of record in this action, and requested that the case management conference presently set for November 14, 2008 at 1:30 p.m. be continued to December 5, 2008 at 1:30 p.m.(the first available date); and

WHEREAS, counsel for Defendants have stated they are available to appear for a case management conference on either November 14, 2008 or December 5, 2008 at 1:30 p.m., whichever date may be convenient for the Court;

WHEREAS, if the Court reschedules the case management conference, the due date for the parties to file a joint case management conference statement should be adjusted to be due two weeks before the scheduled conference;

IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants by and through their respective counsel of record, that Plaintiffs shall be permitted to request and Defendants will not oppose an order continuing the case management conference, from November 14, 2008 to December 5, 2008 at 1:30 p.m.

Dated: November 6, 2008

GIRARD GIBBS LLP Jonathan K. Levine Elizabeth C. Pritzker Todd I. Espinosa 601 California Street San Francisco, California 94108 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 James Helfrich, Esq. Jordan Factor, Esq. Gersh & Helfrich, LLP 1860 Blake Street, Suite 300 Denver, Colorado 80202 Telephone: (303) 293-2333 Attorneys for Plaintiffs

Dated: November 6, 2008

SCHIFF HARDIN LLP Stephen M. Hankins Jeffrey V. Commissi One Market, Spear Street Tower, 32nd Floor San Francisco, California 94105 Telephone: (415) 901-8700 Facsimile: (415) 901-8701

J. Kirk Quillian A. William Loeffler William M. Droze TROUTMAN SANDERS, LLP 5200 Bank of America Plaza 600 Peachtree Street, N.E. Atlanta, Georgia 30308-2216 Telephone: (404) 885-3000 Facsimile: (404) 885-3900 Attorneys for Wyndham Resort Development Corporation

Dated: November 6, 2008

LAW OFFICES OF JUDITH H. RAMSEYER Judith H. Ramseyer 2025 First Avenue Suite 1150 Seattle, WA 98121 Telephone (206) 728-6872 Facsimile (206) 260-6689

KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP Matthew G. Ball 55 Second Street, Suite 1700 San Francisco, California 94105-3493 Telephone (415) 882-8200 Facsimile (415) 882-8220 Attorneys for Director Defendants Gene Hensley, David Herrick, John Henley, Peggy Fry and John McConnell

The Court HEREBY ORDERS as follows:

1. For good cause shown, Plaintiffs' request for a continuance of the case management conference, from November 14, 2008 to December 5, 2008, is HEREBY GRANTED.

2. The case management conference currently scheduled for November 14, 2008, at 1:30 p.m. is HEREBY CONTINUED from November 14, 2008 to December 5, 2008 at 1:30 p.m.

3. The date for submitting a revised joint case management conference statement, if any, is November 21, 2008.

IT IS SO ORDERED.

20081107

© 1992-2008 VersusLaw Inc.



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