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Dollar Tree Stores, Inc. v. Toyama Partners, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 28, 2011
Case No. CV100325SI (N.D. Cal. Nov. 28, 2011)

Opinion

Case No. CV100325SI

11-28-2011

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.

DAVID F. FAUSTMAN (State Bar No. 81862) FOX ROTHSCHILD JAY D. MARINSTEIN (Pro Hac Vice) PATRICK L. ABRAMOWICH (Pro Hac Vice) FOX ROTHSCHILD SCOTT R. KIPNIS (Pro Hac Vice) HOFHEIMER GARTLIR & GROSS, LLP Attorneys for Plaintiff DOLLAR TREE STORES, INC. LISA C. ROBERTS (State Bar No. 111982) PETER M. REHON (State Bar No. 100123) REHON & ROBERTS 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. 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.


DAVID F. FAUSTMAN (State Bar No. 81862)

FOX ROTHSCHILD

JAY D. MARINSTEIN (Pro Hac Vice)

PATRICK L. ABRAMOWICH (Pro Hac Vice)

FOX ROTHSCHILD

SCOTT R. KIPNIS (Pro Hac Vice)

HOFHEIMER GARTLIR & GROSS, LLP

Attorneys for Plaintiff

DOLLAR TREE STORES, INC.

LISA C. ROBERTS (State Bar No. 111982)

PETER M. REHON (State Bar No. 100123)

REHON & ROBERTS

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 GRANTING LEAVE TO FILE AMENDED ANSWER TO

DOLLAR TREE'S FIRST AMENDED AND CONSOLIDATED COMPLAINT


Judge: Honorable Susan Illston


Case No. CV-10-0325 SI

Plaintiff Dollar Tree Stores, Inc. ("Dollar Tree") and Defendants Toyama Partners, LLC ("Toyama"), Peter Pau individually and d/b/a Sand Hill Property Company ("Pau"), Susanna Pau ("Ms. Pau"), Sand Hill Property Management Company ("SH Management"), and Capella-Mowry, LLC ("Capella") (collectively, "Defendants" and, with Dollar Tree, the "Parties"), by their undersigned counsel, file the following Stipulation Granting Leave to File Amended Answer to Dollar Tree's First Amended and Consolidated Complaint ("Stipulation"), stating as follows:

1. Dollar Tree filed its First Amended Consolidated Complaint against Defendants ("Complaint") on October 26, 2011.

2. Defendants filed their Answer to Dollar Tree's Complaint ("Answer") on November 9, 2011.

3. In paragraph 153 of the Complaint, Dollar Tree averred that a Second Amendment to the Sale Agreement by which Toyama transferred the Mowry Crossing Shopping Center to Capella was drafted after the closing.

4. Defendants asserted objections to paragraph 153 based on the attorney-client privilege and the attorney work product doctrine and denied the averments on this basis.

5. As a result of subsequent conferences between counsel, Defendants agreed to withdraw their objections to paragraph 153 and file an amended Answer to the Complaint that incorporates an amended response to paragraph 153.

6. Under Fed. R. Civ. P. 15(a)(2), a party may amend its pleading with the opposing party's written consent.

7. In light of the foregoing, the Parties stipulate to Defendants filing an Amended Answer with regard to paragraph 153 and ask that the Court enter this Stipulation granting Defendants leave to do so.

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 Susan Illston
U.S. District Court Judge
Northern District of California


Summaries of

Dollar Tree Stores, Inc. v. Toyama Partners, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 28, 2011
Case No. CV100325SI (N.D. Cal. Nov. 28, 2011)
Case details for

Dollar Tree Stores, Inc. v. Toyama Partners, LLC

Case Details

Full title:DOLLAR TREE STORES, INC., Plaintiff, v. TOYAMA PARTNERS, LLC; COMERICA…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 28, 2011

Citations

Case No. CV100325SI (N.D. Cal. Nov. 28, 2011)