Opinion
Case No. CIV-F-03-5439 OWW DLB
08-23-2011
FOX HOLLOW OF TURLOCK OWNERS' ASSOCIATION, a California Nonprofit Mutual Benefit Corporation, Plaintiff, v. RICHARD SINCLAIR, an individual; et al., Defendants. AND CONSOLIDATED ACTIONS
McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP D. Greg Durbin John M. Dunn Attorneys for Plaintiffs and Defendants FOX HOLLOW OF TURLOCK OWNERS ASSOCIATION and CALIFORNIA EQUITY MANAGEMENT GROUP, INC. and Defendant ANDREW KATAKIS Douglas V. Thornton, Curtis D. Rindlisbacher Attorneys for Defendants Gregory Mauchley and Mauctrst LLC James K. Tracy Attorneys for Defendant Gregory Mauchley
D. Greg Durbin, # 81749
John M. Dunn, # 166482
Daniel S. Cho, # 260902
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone: (559) 433-1300
Facsimile: (559) 433-2300
Attorneys Plaintiffs, Defendants and Cross-Defendants
FOX HOLLOW OF TURLOCK OWNERS
ASSOCIATION and CALIFORNIA EQUITY
MANAGEMENT GROUP, INC. and Defendant and
Cross-Defendant ANDREW KATAKIS
[continued on signature page]
(Consolidated with 1:03-CV-5774 OWW SMS)
and Stanislaus County Superior Court Case No.
322675
STIPULATION RESOLVING MOTION TO
COMPEL DEPOSITION OF GREGORY
MAUCHLEY [DOCKET # 694];
EX PARTE APPLICATION TO EXTEND
TIME FOR DEPOSITION OF GREGORY
MAUCHLEY; AND
ORDER THEREON
Hearing:
Hon. Dennis L. Beck
STIPULATION AND EX PARTE APPLICATION
WHEREAS, Plaintiffs, Defendants and Cross-Defendants FOX HOLLOW OF TURLOCK OWNERS ASSOCIATION and CALIFORNIA EQUITY MANAGEMENT GROUP, INC. and Defendant and Cross-Defendant ANDREW KATAKIS (collectively the "CEMG/Fox Hollow Parties"), originally noticed the deposition in the within action of Defendant GREGORY MAUCHLEY ("Mr. MAUCHLEY") to occur on June 9, 2011;
WHEREAS, in connection with the resolution of a Motion to Compel Discovery Responses from Mr. MAUCHLEY [Docket # 571], Mr. MAUCHLEY agreed to appear in California for his deposition on or before July 29, 2011, although he resides in the state of Utah;
WHEREAS, pursuant to the Ex Parte Application filed by the CEMG/Fox Hollow Parties on June 3, 2011 [Docket # 611], the Court issued its Order on June 3, 2011 [Docket # 612] extending the time within which the deposition of Mr. MAUCHLEY may be taken up to and including July 29, 2011 [that otherwise was beyond the discovery cut-off in the within action of June 15, 2011];
WHEREAS, the CEMG/Fox Hollow Parties ultimately served an Amended Notice of Mr. MAUCHLEY's deposition, setting his deposition to occur in Modesto, California, on July 26, 2011;
WHEREAS, the CEMG/Fox Hollow Parties on July 26, 2011, filed a Motion to Compel Mr. MAUCHLEY to attend his deposition [Docket # 694] in light of the fact Mr. MAUCHLEY without the consent of CEMG/Fox Hollow Parties did not appear for his deposition as so noticed;
WHEREAS, counsel for the CEMG/Fox Hollow Parties and for Mr. MAUCHLEY have met and conferred for purposes of resolving said motion and have reached the agreement as herein set forth; and
WHEREAS, the new date agreed upon for Mr. MAUCHLEY deposition is well in advance of the currently set pre-trial conference on October 17, 2011:
NOW, THEREFORE, it is hereby stipulated and agreed by and between CEMG/Fox Hollow Parties and Mr. MAUCHLEY through their respective counsel of record herein, and request is made of the Court to grant the ex parte application herein and to enter an order as follows:
1. The motion to compel Mr. MAUCHLEY to appear at his deposition be granted, and Mr. MAUCHLEY hereby agrees to appear for his deposition at the offices of counsel for the CEMG/Fox Hollow Parties in Modesto, California, at 9:00 am on Saturday, September 24, 2011; and
2. The ex parte application by the CEMG/Fox Hollow Parties and Mr. MAUCHLEY to extend the discovery cut off within which said deposition may be taken up to and including September 30, 2011, be granted.
McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
By: D. Greg Durbin
John M. Dunn
Attorneys for Plaintiffs and Defendants
FOX HOLLOW OF TURLOCK
OWNERS ASSOCIATION and
CALIFORNIA EQUITY MANAGEMENT
GROUP, INC. and Defendant ANDREW
KATAKIS
PERKINS, MANN & EVERETT
A Professional Corporation
By: Douglas V. Thornton,
Curtis D. Rindlisbacher
Attorneys for Defendants Gregory
Mauchley and Mauctrst LLC
BENNETT TUELLER JOHNSON & DEERE
Millrock Park West Building
By: James K. Tracy
Attorneys for Defendant Gregory
Mauchley
ORDER
The parties having so stipulated and agreed, and good cause appearing, it is hereby ORDERED THAT:
1. The motion to compel Mr. MAUCHLEY to appear at his deposition be and hereby is granted, and Mr. MAUCHLEY is ordered to appear for his deposition at the offices of counsel for the CEMG/Fox Hollow Parties in Modesto, California, at 9:00 am on Saturday September 24, 2011; and
2. The ex parte application by the CEMG/Fox Hollow Parties and Mr. MAUCHLEY to extend the discovery cut off within which said deposition may be taken up to and including September 30, 2011, be and hereby is hereby granted. IT IS SO ORDERED.
Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE