Opinion
Case No. CV 11 002696 SI Case No. CV100325SI
10-07-2011
DOLLAR TREE STORES, INC., Plaintiff, v. TOYAMA PARTNERS, LLC; COMERICA BANK; PETER PAU d/b/a SAND HILL PROPERTY COMPANY, a sole proprietorship; PETER PAU, in his individual capacity and as partner of SAND HILL PROPERTY MANAGEMENT COMPANY; SUSANNA PAU, in her capacity as partner of SAND HILL PROPERTY MANAGEMENT COMPANY; SAND HILL PROPERTY MANAGEMENT COMPANY, and CAPELLA-MOWRY, LLC, Defendants. PETER PAU d/b/a SAND HILL PROPERTY COMPANY, a sole proprietorship; PETER PAU, in his individual capacity and as partner of SAND HILL PROPERTY MANAGEMENT COMPANY; SUSANNA PAU, in her capacity as partner ofSAND HILLPROPERTY MANAGEMENT COMPANY; SAND HILL PROPERTY MANAGEMENT COMPANY, and CAPELLA-MOWRY, LLC, Counterclaimants, v. DOLLAR TREE STORES, INC. Counter-Defendant. DOLLAR TREE STORES, INC., Plaintiff, v. PETER PAU, TOYAMA PARTNERS, LLC, and CAPELLA-MOWRY, LLC. Defendants.
FOX ROTHSCHILD, LLP Jay D. Marinstein Attorneys for Plaintiff/Counterdefendant DOLLAR TREE STORES, INC. REHON & ROBERTS A Professional Corporation Peter M. Rehon Attorneys for Defendants and Counterclaimants TOYAMA PARTNERS, LLC; PETER PAU d/b/a SAND HILL PROPERTY COMPANY, a sole proprietorship; PETER PAU, in his individual capacity and as partner of SAND HILL PROPERTY MANAGEMENT COMPANY; SUSANNA PAU, in her capacity as partner of SAND HILL PROPERTY MANAGEMENT COMPANY; SAND HILL PROPERTY MANAGEMENT COMPANY, and CAPELLA-MOWRY, LLC.
Peter M. Rehon (SBN 100123)
Lisa C. Roberts (SBN 111982)
Mark V. Isola (SBN 154614)
REHON & ROBERTS
A Professional Corporation
830 The Alameda
San Jose, CA 95126
Telephone: (408) 494-0900
Facsimile: (408) 494-0909
Attorneys for Defendants and Counterclaimants TOYAMA
PARTNERS, LLC; PETER PAU d/b/a SAND HILL
PROPERTY COMPANY, a sole proprietorship; PETER
PAU, in his individual capacity and as partner of SAND
HILL PROPERTY MANAGEMENT COMPANY;
SUSANNA PAU, in her capacity as partner of SAND HILL
PROPERTY MANAGEMENT COMPANY; SAND HILL
PROPERTY MANAGEMENT COMPANY, and
CAPELLA-MOWRY, LLC.
STIPULATION TO EXTEND
DEADLINE FOR MOTIONS TO
COMPEL FACT DISCOVERY;
[PROPOSED] ORDER
Plaintiff /Counter-Defendant Dollar Tree Stores, Inc. ("Dollar Tree"), and Defendants/Counterclaimants Toyama Partners, LLC, Peter Pau d/b/a Sand Hill Property Company, Peter Pau, Sand Hill Property Management Company, Susanna Pau, and Capella-Mowry, LLC ("Defendants;" collectively, Dollar Tree and Defendants are referred to as the "Parties"), by their undersigned counsel, enter into the following Stipulation to extend the deadline for discovery motions and request Court approval as follows:
1. The Parties have been communicating regarding unresolved discovery issues, including, but not limited to, the need for supplemental responses to written discovery and the need for production of additional documents.
2. The Parties have agreed to provide supplemental discovery responses and documents, with that process to be completed by no later than October 14, 2011, or they will confirm in writing prior to that date that no further responses or documents will provided.
3. As a result of these discussions, the Parties have agreed to extend the cutoff date for the filing of motions to compel further discovery responses. Currently, that cutoff date (based on the fact discovery cutoff date of September 30, 2011, and Local Rule 37-3) is October 7, 2011. The parties are requesting the last day for the filing of motions to compel fact discovery be extended to October 21, 2011.
WHEREFORE, the Parties respectfully request that the Court approve this Stipulation and extend the deadline for the filing of motions to compel fact discovery to October 21, 2011.
FOX ROTHSCHILD, LLP
By: Jay D. Marinstein
Attorneys for Plaintiff/Counterdefendant
DOLLAR TREE STORES, INC.
REHON & ROBERTS
A Professional Corporation
By: Peter M. Rehon
Attorneys for Defendants and
Counterclaimants TOYAMA PARTNERS,
LLC; PETER PAU d/b/a SAND HILL
PROPERTY COMPANY, a sole
proprietorship; PETER PAU, in his
individual capacity and as partner of SAND
HILL PROPERTY MANAGEMENT
COMPANY; SUSANNA PAU, in her
capacity as partner of SAND HILL
PROPERTY MANAGEMENT COMPANY;
SAND HILL PROPERTY MANAGEMENT
COMPANY, and CAPELLA-MOWRY,
LLC.
PURSUANT TO STIPULATION, IT IS SO ORDERED:
The Honorable Nandor J. Vadas
United States Magistrate Judge