Opinion
Case No.: CV-11-0211 EMC
10-31-2011
STEPHAN JENKINS, an individual; THIRD EYE BLIND, INC., a California corporation; 3EB TOURING, INC., a California corporation; and STEPHAN JENKINS PRODUCTIONS, INC., a California corporation, Plaintiffs, v. THOMAS IRVING MANDELBAUM, an individual; SELVERNE, MANDELBAUM & MINTZ, LLP, a New York limited liability partnership; HISCOCK & BARCLAY, LLP, a New York limited liability partnership; and DOES 1 through 500, inclusive, Defendants. HISCOCK & BARCLAY, LLP, a New York limited liability partnership, Counter-Claimant, v. STEPHAN JENKINS, an individual; THIRD EYE BLIND, INC., a California corporation; 3EB TOURING, INC., a California corporation; and STEPHAN JENKINS PRODUCTIONS, INC., a California corporation, Counter-Defendants.
RICHARD J. IDELL, ESQ. (SBN 069033) ORY SANDEL, ESQ. (SBN 233204) IDELL & SEITEL LLP Attorneys for Plaintiffs and Counter-Defendants STEPHAN JENKINS, THIRD EYE BLIND, INC., 3EB TOURING, INC. and STEPHAN JENKINS PRODUCTIONS, INC. JAMES A. MURPHY, ESQ. (SBN 062223) MURPHY, PEARSON, BRADLEY & FEENEY Attorneys for Defendant and Cross-Claimant HISCOCK & BARCLAY, LLP KENNETH M. LABBATE, ESQ. (admitted pro hac vice ) SANJIT SHAH, ESQ. (admitted pro hac vice ) DAVID A. NELSON, ESQ. (admitted pro hac vice ) MOUND, COTTON, WOLLAN & GREENGRASS JOSEPH M. RIMAC, ESQ. (SBN 072381) WILLIAM REILLY, ESQ. (SBN 177550) RIMAC & MARTIN, P.C. Attorneys for Defendants Thomas I. Mandelbaum and Selverne, Mandelbaum & Mintz, LLP
RICHARD J. IDELL, ESQ. (SBN 069033)
ORY SANDEL, ESQ. (SBN 233204)
IDELL & SEITEL LLP
Attorneys for Plaintiffs and Counter-Defendants
STEPHAN JENKINS, THIRD EYE BLIND, INC.,
3EB TOURING, INC. and STEPHAN JENKINS
PRODUCTIONS, INC.
JAMES A. MURPHY, ESQ. (SBN 062223)
MURPHY, PEARSON, BRADLEY & FEENEY
Attorneys for Defendant and Cross-Claimant
HISCOCK & BARCLAY, LLP
KENNETH M. LABBATE, ESQ. (admittedpro hac vice)
SANJIT SHAH, ESQ. (admitted pro hac vice)
DAVID A. NELSON, ESQ. (admitted pro hac vice)
MOUND, COTTON, WOLLAN & GREENGRASS
JOSEPH M. RIMAC, ESQ. (SBN 072381)
WILLIAM REILLY, ESQ. (SBN 177550)
RIMAC & MARTIN, P.C.
Attorneys for Defendants Thomas I. Mandelbaum
and Selverne, Mandelbaum & Mintz, LLP
STIPULATION RE: FURTHER
EXTENSION OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
(E-filing)
Hon. Edward M. Chen, Presiding
This Stipulation is entered into by and between all of the parties to the above action through their undersigned attorneys:
WHEREAS, the Court, at the Case Management Conference held on April 20, 2011, ordered the case to mediation with a private mediator and ordered that the case be mediated before July 31, 2011; and
WHEREAS, the parties sought and obtained the agreement of the parties in a related case, Fredianelli v. Jenkins, Action No. 11-CV-01562-R-JC (originally filed in the Central District; transferred to the Northern District) ("Fredianelli Case"), to mediate the case together with the above-referenced matter; and
WHEREAS, the Fredianelli Case has also now been assigned to the Hon. Judge Edward Chen; and
WHEREAS, the parties agreed to mediate both cases before the Hon. Judge Scott Snowden (Ret.) of JAMS; and
WHEREAS, the two cases were mediated over a two-day period, July 12 and 13, 2011; and
WHEREAS, since the parties were still working on settlement, after the July mediation, and jointly believed that additional time was needed to complete the mediation process and negotiate a global resolution of this action and the Fredianelli Case, the parties jointly requested that the Court continue the August 12, 2011 Case Management Conference for 90 days; and
WHEREAS, the Court did continue the Case Management Conference set for August 12, 2011, to November 7, 2011, and continued the effectiveness of its Case Management and Pretrial Order of April 22, 2011, including, but not limited to the provision that no motion(s) for summary judgment shall be filed prior to completion of mediation, and continue the mediation completion date for 90 days or until October 31, 2011, by the Court's Order of August 3, 2011; and
WHEREAS, the Case Management Conference in the Fredianelli Case is also set for November 7, 2011; and
WHEREAS, although the parties' efforts to achieve a global resolution by October 31, 2011 were hindered by the decisions of certain parties in the Fredianelli Case, i.e., Plaintiff Anthony Fredianelli and Defendants David Rawson and Zeisler, Zeisler, Rawson & Johnson, LLP, to discharge the attorneys who had represented them during the July 2011 mediation sessions and retain new counsel, the parties are still working on settlement and have scheduled an additional mediation session in the Fredianelli Case for November 16, 2011; and
WHEREAS, if the parties are successful in settling this Fredianelli Case on November 16, 2011, an additional mediation session will be set in the Jenkins v. Mandelbaum case in December, 2011; and
WHEREAS, if for any reason one or both of the cases do not settle, the parties agree that a new trial date and discovery schedule will need to be set at the upcoming and continued Case Management Conferences, since the parties have not engaged in any discovery other than the limited exchange of documents, and the fact discovery cut-off date in this action is March 26, 2012.
NOW THEREFORE, the parties jointly agree to continue the Case Management Conference now set for November 7, 2011, for at least 90 days to a date after January 30, 2012, and to continue the effectiveness of the Case Management Pretrial Order of April 22, 2011, including but not limited to the provision that no motion(s) for summary judgment shall be filed prior to completion of mediation, and continue the mediation completion date for 90 days or until
February 29, 2012.
MURPHY, PEARSON, BRADLEY & FEENEY
By: James Murphy
Attorneys for Defendant and Cross-Claimant
HISCOCK & BARCLAY, LLP
MOUND COTTON WOLLAN & GREENGRASS
By: Kenneth M. Labbate
Sanjit Shah
Attorneys for Defendants Thomas I. Mandelbaum;
and Selverne, Mandelbaum & Mintz, LLP
IDELL & SEITEL LLP
By: Richard Idell
Ory Sandel
Attorneys for Plaintiffs and Counter-Defendants
STEPHAN JENKINS, THIRD EYE BLIND, INC.,
3EB TOURING, INC. and STEPHAN JENKINS
PRODUCTIONS, INC.
ATTESTATION OF CONCURRENCE
I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from Sanjit Shah and James Murphy, the above signatories.
IDELL & SEITEL LLP
By: Richard Idell
Ory Sandel
Attorneys for Plaintiffs and Counter-Defendants
STEPHAN JENKINS, THIRD EYE BLIND, INC.,
3EB TOURING, INC. and STEPHAN JENKINS
PRODUCTIONS, INC.
[PROPOSED] ORDER
PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.
Status Conference is reset from 11/7/11 to 3/9/12 at 10:30 a.m.
Hon. Edward M. Chen
Judge of the United States District Court
Northern District of California
PROOF OF SERVICE
I am employed in the City and County of San Francisco, State of California in the office of a member of the bar of this court at whose direction the following service was made. I am over the age of eighteen years and not a party to the within action. My business address is Idell & Seitel LLP, 465 California Street, Suite 300, San Francisco, California 94104.
On October 25, 2011, 1 served the following document(s):
STIPULATION RE: FURTHER EXTENSION OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
[×] by ELECTRONIC MAIL. As this case is subject to the United States District Court for the Northern District of California ECF program, pursuant to General Rule 45, upon the filing of the above-entitled document(s) an automatically generated e-mail message was generated by the Court's electronic filing system and sent to the address(es) shown below and constitutes service on the receiving party.
+-------------------------------------------------------------------------------------------------+ ¦JOSEPH RIMAC ¦ ¦ ¦ ¦ ¦ ¦WILLIAM REILLY ¦ ¦ ¦ ¦ ¦ ¦RIMAC MARTIN, P.C. ¦ ¦ ¦ ¦ ¦ ¦1051 Divisadero Street ¦ ¦ ¦ ¦ ¦ ¦San Francisco, California 94115 ¦ ¦ ¦ ¦ ¦ ¦Telephone (415) 561-8440 ¦JAMES A. MURPHY ¦ ¦ ¦ ¦ ¦Facsimile (415) 561-8430 ¦JOHN PAUL GIRARDE ¦ ¦ ¦ ¦ ¦Email: Jrimac(%imacmartin.com ¦MURPHY, PEARSON, BRADLEY & ¦ ¦ ¦ ¦ ¦W reilly@jimacmartin.com ¦FEENEY ¦ ¦ ¦ ¦ ¦KENNETH M. LABBATE, ESQ. ¦88 Kearney Street, 10th Floor ¦ ¦ ¦ ¦ ¦SANJIT SHAH, ESQ. ¦San Francisco, California 94108-5530 ¦ ¦ ¦ ¦ ¦MOUND COTTON WOLLAN & ¦Telephone (415) 788-1900 ¦ ¦ ¦ ¦ ¦GREENGRASS ¦Facsimile (415) 393-8087 ¦ ¦ ¦ ¦ ¦One Battery Park Plaza ¦Email: imurphy(5),mpbf.com, ¦ ¦ ¦ ¦ ¦New York, NY 10004-1486 ¦i Rirarde(a)mpbf. com ¦ ¦ ¦ ¦ ¦Telephone (212) 804-4200 ¦Attorneys for Defendant Hiscock & Barclay, LLP ¦ ¦ ¦ ¦ ¦Facsimile (212) 344-8066 ¦ ¦ ¦ ¦ ¦ ¦Email: sshah(S),moundcotton.com, ¦ ¦ ¦ ¦ ¦ ¦klabbate(S),moundcotton. com ¦ ¦ ¦ ¦ ¦ ¦Attorneys for Defendants Thomas I. Mandelbawn; ¦ ¦ ¦ ¦ ¦ ¦and Selverne, Mandelbawn & Mintz, LLP ¦ ¦ +-------------------------------------------------------------------------------------------------+
I certify and declare under penalty of perjury that the foregoing is true and correct, that I am employed in the office of an attorney qualified to practice in this court, and that I executed this declaration at San Francisco, California.
Amy Reyes