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City of Summerside, Prince Edward Island, Canada v. Katrina Berg Sussmeier

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


June 28, 2011

CITY OF SUMMERSIDE, PRINCE EDWARD ISLAND, CANADA, PLAINTIFF,
v.
KATRINA BERG SUSSMEIER, FRANK DILEO, MARK LAMICA, QUINCY KRASHNA, AS INDIVIDUALS, STARLINK PRODUCTIONS, LLC, STARLINK PRODUCTIONS, INC.; DLM MANAGEMENT GROUP, INC.; DILEO ENTERTAINMENT & TOURING INC.; DILEO ENTERTAINMENT, INC.; DILEO LAMICA MANAGEMENT GROUP; DLM GROUP
DEFENDANTS.

The opinion of the court was delivered by: Hon. Edward J. Davila

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND DEPOSITION DATE FOR KATRINA BERG SUSSMEIER, AND PAYMENT OF DEPOSITION COSTS

Crtrm.: 1 Trial Date: Not set

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND DEPOSITION DATE FOR KATRINA BERG SUSSMEIER, AND PAYMENT OF DEPOSITION COSTS

Plaintiff City of Summerside ("Summerside" or "the City") and Defendants Katrina Berg Sussmeier, StarLink Productions, LLC, and StarLink Productions, Inc., ("Sussmeier Defendants"), through their respective undersigned counsel, hereby stipulate and request entry of an order of the Court as follows:

WHEREAS, Summerside properly noticed a deposition of Katrina Berg Sussmeier, which was set for May 26, 2011; WHEREAS, Ms. Sussmeier failed to appear for deposition on May 26, 2011, for reasons stated by her counsel at that deposition, including but not limited to ongoing settlement negotiations between the parties; WHEREAS, Summerside contends that Ms. Sussmeier's failure to appear at the deposition was without legal justification, and the Sussmeier Defendants disagree;

WHEREAS, in exchange for payment of the reasonable costs and fees related to the deposition in the amount of $1,424.25 and Ms. Sussmeier's agreement to appear for a deposition before August 15, 2011, Summerside has agreed to forego making a motion to compel to this Court;

WHEREAS, on June 10, 2011, the Sussmeier Defendants filed a Motion to Dismiss pursuant to F.R.C.P. 12(b)(6), currently set for hearing on January 6, 2012 ;

WHEREAS, Summerside and the Sussmeier Defendants have agreed that Summerside may respond to the Sussmeier Defendants' Motion to Dismiss at any time prior to August 15, 2011;

NOW, THEREFORE, the Parties hereby agree and stipulate as follows:

1. Katrina Berg Sussmeier shall appear for deposition at a place and time to be negotiated between the parties, on or before August 15, 2011.

2. The Sussmeier Defendants shall pay to Summerside the amount of $1,424.24 by August 1, 2011, as full and complete reimbursement for the costs and fees incurred in connection with the May 26, 2011 deposition.

3. Summerside's response to the motion to dismiss filed by the Sussmeier Defendants shall be due on or before August 15, 2011.

Dated: June 20, 2011

By: /s/ Nicholas F. Daum Attorneys for Defendants Loring Ward, Inc. and Robert Philpott

Dated: June 23, 2011

HRISTOPHERSON LAW OFFICES By: Ian Christopherson Attorneys for Defendants Katrina Berg Sussmeier, StarLink Productions, LLP and StarLink Productions, Inc.

1. Katrina Berg Sussmeier shall appear for deposition at a place and time to be negotiated between the parties, on or before August 15, 2011.

2. The Sussmeier Defendants shall pay to Summerside the amount of $1,424.24 by August 1, 2011, as full and complete reimbursement for the costs of the May 26, 2011 deposition.

3. Summerside's response to the motion to dismiss filed by the Sussmeier Defendants shall be due on or before August 15, 2011.

IT IS SO ORDERED

Hon. Edward J. Davila Judge, United States District Court

20110628

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