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St Ventures, LLC, A Utah Corporation v. Kba Assets and Acquisitions

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION


September 19, 2012

ST VENTURES, LLC, A UTAH CORPORATION,
PLAINTIFF,
v.
KBA ASSETS AND ACQUISITIONS, LLC, A NEVADA CORPORATION;
BEN PENFIELD, AN INDIVIDUAL;
ASSET PLACEMENT LIMITED A UK CORPORATION;
SUSAN GEORGINA GILLIS, AN INDIVIDUAL;
PAUL WINDWOOD, AN INDIVIDUAL,
BANK OF AMERICA, N.A., A NATIONAL 20 BANKING ASSOCIATION AND
DOES 1 THROUGH 50,
DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder U.S. Magistrate Judge

Dirk O. Julander, Bar No. 132313 doj@jbblaw.com 2 Catherine A. Close, Bar No. 198549 cac@jbblaw.com 3 JULANDER, BROWN & BOLLARD 9110 Irvine Center Drive 4 Irvine, California 92618 Telephone: (949) 477-2100 5 Facsimile: (949) 477-6355 6 Attorneys for Plaintiff ST Ventures, LLC, 7 a Utah Corporation 8 9

STIPULATION TO CONTINUE SCHEDULING CONFERENCE AND EXTEND TIME TO FILE JOINT SCHEDULING REPORT; ORDER THEREON

Action Filed: June 27, 2012 Trial Date: None Set 21

Plaintiff ST VENTURES, LLC, a Utah Corporation ("Plaintiff") and 25 Defendants KBA ASSETS AND ACQUISITIONS, LLC, a Nevada Corporation 26 ("KBA") and BEN PENFIELD, an individual ("Penfield"), by and through their 27 respective attorneys of record, hereby stipulate and agree as follows: 28

WHEREAS, according to the Order Setting Mandatory Scheduling 2 Conference filed on June 28, 2012, the Joint Scheduling Report is to be filed with 3 the Court on September 18, 2012; 4

WHEREAS, there are two additional defendants, ASSET PLACEMENT 5 LIMITED a UK Corporation ("APL") and SUSAN GEORGINA GILLIS ("Gillis"), 6 an individual, who have retained counsel, attorney Douglas R. Dollinger, and have 7 been in communication with counsel for Plaintiff regarding service of process and as 8 well as the merits of this matter; 9

WHEREAS, Plaintiff's counsel emailed the complaint and a Waiver of 10 Summons for APL and Gillis to Mr. Dollinger on August 23, 2012, who indicated 11 he would recommend his client accept the waiver; 12

WHEREAS, Gillis has apparently informed Plaintiff's principal as of 13 September 13, 2012, that she will respond to Plaintiff's request for a waiver of 14 summons on September 18, 2012; 15

WHEREAS Plaintiff's counsel is informed that it will take approximately 60 16 days to perfect service of process on APL and Gillis in the UK if they are not 17 willing to waive service; 18

WHEREAS Plaintiff's counsel and counsel for KBA and Penfield have met 19 and conferred pursuant to Rule 26(f) in connection with drafting the proposed Joint 20 Scheduling Report and have agreed that important requirements under Rule 26(f) 21 will be significantly altered with participation of APL and Gillis including 22 stipulation as to uncontested facts and undisputed legal issues; agreement on the 23 scope and timing of discovery and the exchange of expert witness information; and 24 the scheduling of discovery cut-off, motion cut-off, the pre-trial conference and 25 trial; and 26

WHEREAS Plaintiff, on the one hand, and KBA and Penfield, on the other 27 hand, have agreed that pending the entry of the Joint Scheduling Order from the 28 Court that initial disclosures shall proceed pursuant to Rule 26(a)(1) and discovery shall proceed according to Rule 26(d) in order to move this matter forward 2 expeditiously. 3

IT IS THEREFORE STIPULATED by and between Plaintiff and Defendants 4 that the time for filing the Joint Schedule Report be extended for 70 days to 5 November 27, 2012, that initial disclosures shall proceed pursuant to Rule 26(a)(1) 6 and that discovery shall proceed according to Rule 26(d). 7

IT IS FURTHER STIPULATED that the Scheduling Conference hearing 8 currently scheduled for September 25, 2012, be continued to December 4, 2012. 9 10

ORDER

The Court, having considered the Stipulation to Extend Time to File the Joint Schedule Report submitted jointly by the parties to the above-captioned action, and 4 good cause appearing therefore,

IT IS ORDERED that the new filing date for the Joint Schedule Report is November 27, 2012, that initial disclosures shall proceed pursuant to Rule 26(a)(1) 7 and that discovery shall proceed according to Rule 26(d). 8

IT IS FURTHER ORDERED that the Scheduling Conference hearing 9 currently scheduled for September 25, 2012, be continued to December 4, 2012, at 10 10:00 a.m. before Magistrate Judge Sandra M. Snyder in Courtroom 1.

SANDRA M. SNYDER

20120919

© 1992-2012 VersusLaw Inc.



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