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Vaughn v. Bay Environmental Management Mediation Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


June 29, 2010

JERRY VAUGHN AND THERESA TRAVERS, PLAINTIFFS,
v.
BAY ENVIRONMENTAL MANAGEMENT MEDIATION INC., CAESAR NUTI, DENNIS VARNI, MARIO AQUILINO, LOYD BONFANTE SR., JOSEPH DELLA ZOPPA, ESTATE OF RICHARD GRANZELLA SR., EDWARD MENOSSE, PASQUALE PARENTI, FSC SECURITIES CORPORATION, AND JERROLD N. WEINBERG DEFENDANTS.
FSC SECURITIES CORPORATION AND JERROLD N. WEINBERG, CROSS-CLAIMANTS,
v.
BAY ENVIRONMENTAL MANAGEMENT INC., ESTATE OF PINA J. BARBIERI, CAESAR NUTI, DENNIS VARNI, CROSS-DEFENDANTS.

The opinion of the court was delivered by: Hon. Samuel Conti United States District Court Judge Northern District of California

SECOND STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL DATE TO PERMIT THE PARTIES TO COMPLETE

STIPULATION

This Stipulation is made by and between Plaintiffs Jerry Vaughn and Theresa Travers ("Plaintiffs"), Defendants Bay Environmental Management Inc., Caesar Nuti, Dennis Varni, Mario Aquilino, Loyd Bonfante Sr., Joe Della Zoppa, Estate of Richard Granzella Sr., Eddie Menosse, and Pasquale Parenti, and Cross-Defendant Estate of Pina J. Barbieri*fn1 ("Bay Environmental Defendants"), and Defendants FSC Securities Corporation and Jerrold N. Weinberg ("FSC Defendants") (collectively, the "Parties"), by and through their respective counsel of record, with respect to the following facts:

WHEREAS, on November 20, 2009, the Court held a Status Conference and issued a Status Conference Order setting pretrial deadlines and a trial date of June 21, 2010 (Docket No. 145);

WHEREAS, in response to the discovery of 18,000 previously unknown documents, the Parties filed a stipulated request on December 23, 2009, seeking the extension of the pretrial deadlines and a continuance of the trial date so that the Parties could complete discovery (Docket No. 147);

WHEREAS, the Court entered an Order on January 5, 2010 extending the pretrial deadlines and continuing the trial date to September 7, 2010 (Docket No. 148);

WHEREAS, the Parties participated in a full-day mediation on April 12, 2010. While the mediation was not successful, the Parties did make progress;

WHEREAS, the Parties have scheduled an additional mediation session to take place on July 27, 2010;

WHEREAS, the Parties wish to complete the July 27, 2010 mediation to determine if a negotiated resolution is possible before expending the resources necessary to prepare this case for trial;

WHEREAS, counsel for the respective Parties have conferred regarding their other client commitments and have determined that they are available for a trial in this case commencing on November 15, 2010.

NOW, THEREFORE, the parties to this action, by and through their undersigned counsel, hereby stipulate, and respectfully request that the Court order, as follows:

A. Trial shall be continued to November 15, 2010, at 9:30 a.m. or at the Court's convenience.

B. A pretrial conference shall occur on November 8, 2010, at 10:00 a.m. or at the Court's convenience.

DATE: June 24, 2010 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. Teresa S. Renaker Attorneys for Plaintiffs JERRY VAUGHN and THERESA TRAVERS

DATE: June 24, 2010 MORGAN LEWIS & BOCKIUS LLP 16 Nicole A. Diller Attorneys for Defendants BAY ENVIRONMENTAL MANAGEMENT INC., CAESAR NUTI, DENNIS VARNI, MARIO AQUILINO, LOYD BONFANTE SR., JOSEPH DELLA ZOPPA, ESTATE OF RICHARD GRANZELLA SR., EDWARD MENOSSE, PASQUALE PARENTI, and THE ESTATE OF PINA J. BARBIERI

DATE: June 24, 2010 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Bernard Gehlhar Emily Wood Attorneys for Co-Defendants FSC SECURITIES CORPORATION and JERROLD N. WEINBERG

PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS HEREBY DENIED ORDERED:

A. The case shall be set for trial on November 15, 2010, at 9:30 a.m. Samuel Conti Judge O B. A pretrial conference shall be scheduled for November 8, 2010, at 10:00 a.m.

ATTESTATION

I hereby attest that for all conformed signatures indicated by a "/s/," the signatory has concurred in the filing of this document.

Dated: June 24, 2010

Nicole A. Diller


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