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Fidelity National Title v. James C. Castle Aka J.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


February 14, 2012

FIDELITY NATIONAL TITLE INSURANCE COMPANY, ET AL.,
PLAINTIFFS,
v.
JAMES C. CASTLE AKA J. CHRISTOPHER CASTLE AT AL., AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Susan Illston Untied States District Judge

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PLAINTIFFS TO RESPOND, AND DEFENDANTS TO REPLY, ON DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' SECOND AMENDED

COMPLAINT BUCHMAN PROVINE BROTHERS SMITH LLP ATTORNEYS AT LAW 256828.1

Group, Randall C. Crawford, Fahed M. Eweis, Nadia E. Eweis, Kevin Keith, Christy Keith, 5

Trites Realty, Ryan Styles, James C. Castle, CCTT Group and Oreplex International LLC, Laura 7

Kirkpatrick, Golden Hills Trust and Financial Recovery Group (collectively "Defendants") filed a 9 total of eleven (11) Notices of Motion and Motions to Dismiss Plaintiffs' Second Amended 10

River Doctrine to stay the action as to certain parties and transactions based on two pending state 12 court actions. Thereafter, on January 30, 2012, January 31, 2012 and February 2, 2012, 13

Motions."). (The motion to stay and one of the motions to dismiss were not amended.) Four (4) 15 of the Amended Motions challenged additional causes of actions in Plaintiffs' Second Amended 16

Amended Motions will be collectively referred to as the "Motions"). All of the Motions are set 18 for hearing on March 23, 2012. 19

STIPULATION

Defendants Alicia A. Sanders, Jon P. Sanders, Daniel R. Young, Kelly E. Young, Lara

Karakasevic, Jolee Lange, Jason Young, CJT Financial Group, GJZ Group and Golden Hills 4

Donald Porto, Patricia Porto, David R. Thompson, Melissa A. Thompson, Tisha L. Trites, Tisha 6

M. Pezzi, John-Michael Di Chiara, Shon-Te-East-A, Walks With Spirit, Corporation Sole, Remus 8

Complaint on January 23, 2012 (the "Original Motions") as well as a motion under the Colorado 11

Defendants filed ten (10) Amended Notices of Motion and Motions to Dismiss (the "Amended 14

Complaint that were not challenged in the Original Motions. (The Original Motions and 17

Plaintiffs' response to Defendants' motion to stay was filed when due on February 6,

2012. See Docket No. 140 (motion) and Docket No. 177 (opposition). 21

Group and Golden Hills Group, Randall C. Crawford, Fahed M. Eweis, Nadia E. Eweis, Kevin 24

Thompson were filed on January 30, 2012 and Plaintiffs' responses to said Amended Motions are 26 due on or before February 13, 2012. See Docket Nos. 154, 155, 156, 157 and 158. 27

The Amended Motion of Defendants Tisha L. Trites, Tisha Trites Realty and Ryan Styles

28 was filed on January 31, 2012 and Plaintiffs' response to said Amended Motion is due on or

256828.1

Stipulation and [Proposed] Order Extending Time to Respond and Reply re Motions to Dismiss (No. 3:11-cv-00896 SI)

The Amended Motions of Defendants Alicia A. Sanders, Jon P. Sanders, Daniel R.

Young, Kelly E. Young, Lara Karakasevic, Jolee Lange, Jason Young, CJT Financial Group, GJZ 23

Keith, Christy Keith, Donald Porto, Patricia Porto, David R. Thompson and Melissa A. 25

before February 14, 2012. See Docket No. 159. 2

Corporation Sole, Remus Kirkpatrick, Golden Hills Trust and Financial Recovery Group were 5 filed on February 2, 2012 and Plaintiffs' responses to said Amended Motions are due on or before 6

The Original Motion of Defendant Todd J. Smith was not amended but pursuant to 8 stipulation and order Plaintiffs' response thereto is due on or before February 13, 2012. See 9

Northern District of California Civil Local Rule 6-2(a) permits parties to file a stipulation 11 changing the time that would affect the date of a deadline fixed by Court order, Local Rules or 12

(30) Defendants and eleven (11) Motions), the complexity of the factual transactions underlying 14 the litigation, the complexity of the facts and legal arguments set forth in Defendants' Motions 15 and the various acts and roles of the individual Defendants as alleged in the Second Amended 16

Thursday, March 1, 2012, in which to respond to all eleven (11) Motions filed by Defendants; (B) 18 that Defendants' reply papers, if any, shall be due on March 9, 2012; and (C) that Defendants' 19 reply papers on the motion to stay shall also be due on March 9, 2012. 20 March 1, 2012, in which to respond to all eleven (11) Motions to dismiss filed by Defendants; (B) 23 that Defendants' reply papers, if any, shall be due on March 9, 2012; and (C) that Defendants' 24 reply papers on Defendants' motion to stay shall also be due on March 9, 2012. 25

DATED: February 9, 2012 BUCHMAN PROVINE BROTHERS SMITH LLP 26 The Amended Motions of Defendants James C. Castle, CCTT Group and Oreplex International LLC, Laura M. Pezzi, John-Michael Di Chiara, Shon-Te-East-A, Walks With Spirit, 4 February 16, 2012. See Docket Nos. 173, 174 and 175. 7 Docket No. 178 (order on stipulation). 10 Federal Rules. In light of the large number of defendants who have filed Motions (a total of thirty 13 Complaint, the parties have agreed: (A) that Plaintiffs may have additional time, to and including 17 Based on the foregoing, IT IS HEREBY STIPULATED, by and between Plaintiffs and Defendants as follows: (A) that Plaintiffs may have additional time, to and including Thursday, 22

By: /s/ Connor M. Day STEPHEN C. SETO CONNOR M. DAY Attorneys for Plaintiffs DATED: February 9, 2012 LAW OFFICES OF THOMAS J. LALANNE 2 By: /s/ Thomas J. LaLanne 3 THOMAS J. LALANNE 4 Attorneys for Defendants James C. Castle (aka J. Christopher Castle), CCTT Group; 5 CJT Financial Group; and Oreplex International LLC and other defendants 6 7 DATED: February 9, 2012 DRAPER LAW OFFICES 8 By: /s/ Ann McFarland Draper 9 ANN McFARLAND DRAPER 10 Attorneys for Defendant James C. Castle (aka J. Christopher Castle)

DECLARATION OF COUNSEL

I, Connor M. Day, hereby declare as follows:

1. I am an attorney with the law office of Buchman Provine Brothers & Smith LLP, 16 attorneys of record herein for Plaintiffs Fidelity National Title Insurance Company, 17 Commonwealth Land Title Insurance Company, Ally Bank, Wesley W. Halihan, Gina L. 18 Halihan, Li-Ling Sung, Tiee-Shan Tsai, Tatyana Madina, Dawn R. Carifi, Karrie L. Hanna, Brian 19 Phuong, Crichton Friedly and Janet N. Friedly (collectively, "Plaintiffs"). I am duly licensed to 20 practice before all of the courts of the State of California. 21

2. I have personal knowledge of the facts stated herein and could and would testify 22 competently thereto if called upon to do so. 23

3. Pursuant to Northern District of California Civil Local Rule 6-2(a), I submit this 24 declaration in support of Plaintiffs' Stipulation and [Proposed] Order Extending the Time for 25 Plaintiffs' to Respond to Defendants Motions to Dismiss Plaintiffs' Second Amended Complaint.

4. Currently, the thirty (30) defendants represented by Thomas J. LaLanne have filed 27 a total of eleven (11) motions to dismiss Plaintiffs' Second Amended Complaint. Plaintiffs' 28 responses to defendants' motions to dismiss are due on February 13, 2012, February 14, 2012 and February 16, 2012. In addition, defendants also filed a motion to stay under the Colorado River 2 Doctrine, to which Plaintiffs have already filed their opposition and for which defendants' reply 3 papers are currently due on February 13, 2012. 4

5. In light of the large number of defendants who have filed Motions to dismiss (a total of thirty (30) Defendants and eleven (11) Motions), the complexity of the factual 6 transactions underlying the litigation, the complexity of the facts and legal arguments set forth in Second Amended Complaint, the parties have agreed that Plaintiffs may have additional time, to 9 and including Thursday, March 1, 2012, in which to respond to all eleven (11) of the Motions (to 10 dismiss) filed by Defendants; and accordingly the parties have also agreed that Defendants' reply 11 papers on the eleven (11) Motions to dismiss, as well as Defendants' reply papers on the motion 12 to stay, shall all be due on Friday, March 9, 2012. 13

6. All eleven (11) motions to dismiss filed by the defendants are scheduled to be 14 heard by this Court on March 23, 2012 at 9:00 a.m. in Department 10. In addition, a case 15 management conference is currently scheduled for April 13, 2012. In light of the usual notice and 16 briefing schedule for motions in this district, I do not believe that extending the time within which 17

Plaintiffs can respond to Defendants' Motions will have any effect on the current schedule of this 18 case or the hearing date of March 23, 2012. 19

I declare under penalty of perjury under the laws of the State of California that the

20 foregoing is true and correct. This declaration is executed at Walnut Creek, California, this 9th 21 day of February 2012. 22

Defendants' Motions and the various acts and roles of the individual Defendants as alleged in the 8

/s/ Connor M. Day

CONNOR M. DAY

[PROPOSED] ORDER

PURSUANT TO THE FOREDOING STIPULATION, IT IS HEREBY ORDERED

THAT the time for Plaintiffs to file responses to the Amended Notices of Motion and Motions to 4

Dismiss Plaintiffs' Second Amended Complaint filed on January 30, 2012, January 31, 2012 and 5

February 2, 2012 by defendants Alicia A. Sanders, Jon P. Sanders, Daniel R. Young, Kelly E. 6

Young, Lara Karakasevic, Jolee Lange, Jason Young, CJT Financial Group, GJZ Group and 7

Golden Hills Group, Randall C. Crawford, Fahed M. Eweis, Nadia E. Eweis, Kevin Keith, 8

Christy Keith, Donald Porto, Patricia Porto, David R. Thompson, Melissa A. Thompson, Tisha L. 9

Trites, Tisha Trites Realty, Ryan Styles, James C. Castle, CCTT Group and Oreplex International 10

LLC, Laura M. Pezzi, John-Michael Di Chiara, Shon-Te-East-A, Walks With Spirit, Corporation 11

Sole, Remus Kirkpatrick, Golden Hills Trust and Financial Recovery Group, shall be extended to 12

March 1, 2012. 13

IT IS FURTHER ORDERED THAT the time for Plaintiffs to file a response to defendant Todd J. Smith's Notice of Motion and Motion to Dismiss Plaintiffs' Second Amended Complaint 15 shall be extended to March 1, 2012.

IT IS FURTHER ORDERED THAT the Defendants shall have to and including March 9, 2012, in which to file their reply papers on the motion to stay and on the eleven (11) motions to 18 dismiss. 19 20

IT IS SO ORDERED.

Dated: February __, 2012

20120214

© 1992-2012 VersusLaw Inc.



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