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Lodgepole Investments, LLC v. Barsky

United States District Court, Ninth Circuit

August 23, 2013

LODGEPOLE INVESTMENTS, LLC, a Nevada limited liability company, Plaintiff,
v.
EDWARD GENNADY BARSKY, an individual; ST. TROPEZ CAPITAL, LLC, a California limited liability company; and MONACO DEVELOPMENT, LLC, a California limited liability company, Defendants.

MICHAEL J. PROCTOR, State Bar No. 148235 ROBYN C. CROWTHER, State Bar No. 193840 JEFFREY M. HAMMER, State Bar No. 264232 ARMILLA STALEY-NGOMO, State Bar No. 259686 CALDWELL LESLIE & PROCTOR, PC, Los Angeles, California, Attorneys for Plaintiff LODGEPOLE INVESTMENTS, LLC.

STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

NATHANAEL M. COUSINS, Magistrate Judge.

Plaintiff Lodgepole Investments, LLC ("Lodgepole Investments") and Defendant Monaco Development, LLC ("Monaco"), by and through their undersigned counsel, hereby stipulate as follows:

WHEREAS Lodgepole Investments filed this lawsuit on January 31, 2013;

WHEREAS, on January 31, 2013, the Court issued an Order Setting Initial Case Management Conference and ADR Deadlines, and scheduled the Initial Case Management Conference for May 1, 2013, at 10:00 a.m.;

WHEREAS, on February 6, 2013, Defendants Edward Gennady Barsky and St. Tropez Capital, LLC filed a Notice of Automatic Stay of this lawsuit, pursuant to 11 U.S.C. ยง 362(a) and based on their filing of voluntary Chapter 11 bankruptcy petitions in the United States Bankruptcy Court, Central District of California;

WHEREAS the automatic stay has no application to the claims brought against Monaco, which has not filed a bankruptcy petition;

WHEREAS, on April 26, 2013, pursuant to the parties' stipulation, the Court entered an Order continuing the Initial Case Management Conference to June 5, 2013, at 10:00 a.m., and continued all other deadlines set forth in the Court's Order Setting Initial Case Management Conference (Dkt. No. 7);

WHEREAS, on May 30, 2013, pursuant to the parties' stipulation and in light of the significant progress made in settlement negotiations by Lodgepole Investments and Defendants, the Court entered an Order continuing the Initial Case Management Conference to July 10, 2013, at 10:00 a.m., and continued all other deadlines set forth in the Court's Order Setting Initial Case Management Conference (Dkt. No. 9);

WHEREAS, on July 8, 2013, pursuant to the parties' stipulation and in light of the significant progress made in settlement negotiations by Lodgepole Investments and Defendants, the Court entered an Order continuing the Initial Case Management Conference to August 14, 2013, at 3:00 p.m., and continued all other deadlines set forth in the Court's Order Setting Initial Case Management Conference (Dkt. No. 11);

WHEREAS, Lodgepole Investments and Defendants have reached a settlement in principle that will fully resolve this action, and are working to finalize the written terms of such settlement;

NOW THEREFORE, Lodgepole Investments and Monaco hereby stipulate and agree that, subject to the Court's approval, the Initial Case Management Conference shall be continued to September 25, 2013, at 10:00 a.m., and that all other deadlines set forth in the Court's Order Setting. Initial Case Management Conference and ADR Deadlines are continued accordingly.

PURSUANT TO STIPULATION, IT IS SO ORDERED.


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