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