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Miro Advisory Services, Ltd. v. Da Davidson & Co.

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Jun 25, 2014
3:14-cv-01618-NC (N.D. Cal. Jun. 25, 2014)

Opinion

          LAW OFFICES OF WILLIAM D. WHITEMAN, William D. Whiteman, Linda R. Berg, San Francisco, CA Attorneys for Plaintiff MIRO ADVISORY SERVICES, LTD., a corporation incorporated under the laws of the British Virgin Islands.

          DORSEY & WHITNEY LLP, J David Jackson, Admitted Pro Hac Vice, Minneapolis, MN, Jill A. Gutierrez, DORSEY & WHITNEY LLP, Costa Mesa, CA Patricia A. Welch, DORSEY & WHITNEY LLP, Palo Alto, CA Attorneys for Defendant D.A. DAVIDSON & CO.

          THE SIEVING LAW FIRM, A.P.C., Richard N. Sieving, Esq., Sacramento, CA, Attorney for Defendants JWTR OREGON, LLC, an Oregon Limited Liability Company (erroneously sued herein as "JWTR-OREGON, LLC"); JWTR, LLC, an Oregon Limited Liability Company; and RICHARD L. WENDT TRUST, an Oregon Revocable Living Trust.


          STIPULATION AND JOINT REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND EXTEND INITIAL DEADLINES; [PROPOSED] ORDER

          NATHANAEL M. COUSINS, Magistrate Judge.

         Plaintiff MIRO ADVISORY SERVICES, LTD, a corporation incorporated under the laws of the British Virgin Islands, Defendant D.A. DAVIDSON & CO. and Defendants JWTR OREGON, LLC, an Oregon Limited Liability Company (erroneously sued herein as "JWTR-OREGON, LLC"), JWTR, LLC, an Oregon Limited Liability Company and RICHARD L. WENDT TRUST, an Oregon Revocable Living Trust, through their attorneys of record, hereby stipulate as follows:

         WHEREAS, on April 8, 2014, Plaintiff filed a Complaint for Declaratory Relief and Negligent Misrepresentation (D.E. 1).

         WHEREAS, an Initial Case Management Conference is currently scheduled for July 16, 2014 at 10:00 a.m.

         WHEREAS, on May 8, 2014, Defendants JWTR OREGON, LLC, an Oregon Limited Liability Company (erroneously sued herein as "JWTR-OREGON, LLC"), JWTR, LLC, an Oregon Limited Liability Company filed a Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to FRCP 12(b)(6) (D.E. 8), which is currently scheduled for hearing on August 6, 2014.

         WHEREAS, on June 9, 2014, Plaintiff and Defendant RICHARD L. WENDT TRUST ("TRUST") stipulated to an extension of time until June 30, 2014 for the TRUST to respond to the Complaint (D.E. 24).

         WHEREAS, on June 16, 2014, Defendant D.A. DAVIDSON & CO. filed a Motion to Dismiss Plaintiff's Complaint (D.E. 27), which is currently scheduled for hearing on August 6, 2014.

         WHEREAS, on June 24, 2014, the Court issued an Order to Show Cause to Plaintiff as to why this action should not be dismissed for lack of federal subject matter jurisdiction with a response due from Plaintiff by July 8, 2014 (D.E. 32).

         WHEREAS, to allow the parties sufficient time to meaningfully meet and confer on all topics required by Federal Rule of Civil Procedure 26, the Civil Local Rules, the Court's Standing Orders, and to promote judicial economy, the parties believe it is appropriate to continue the Initial Case Management Conference for a period of 45 to 60 days.

         THEREFORE, IT IS HEREBY STIPULATED between the parties, through their respective counsel of record, a joint request for continuance of the Initial Case Management Conference to September 3, 2014, or such other date available to the Court, and if the Case Management Conference is continued, all other deadlines set forth in the Court's Order Setting Initial Case Management Conference and ADR Deadlines will be continued accordingly.

          ORDER

         BASED ON THE PARTIES' STIPULATION, THE COURT'S FILE, AND GOOD CAUSE SHOWN, THE COURT ORDERS AS FOLLOWS:

         The Initial Case Management Conference and Rule 26 deadlines are continued as follows:

         • August 13, 2014 Last day to:

         • August 27, 2014 Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents of Joint Case Management Statement

         • September 3, 2014 INITIAL CASE MANAGEMENT CONFERENCE (CMC) in Courtroom A, 15th Floor at 10:00 A.M.

         IT IS SO ORDERED.


Summaries of

Miro Advisory Services, Ltd. v. Da Davidson & Co.

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Jun 25, 2014
3:14-cv-01618-NC (N.D. Cal. Jun. 25, 2014)
Case details for

Miro Advisory Services, Ltd. v. Da Davidson & Co.

Case Details

Full title:MIRO ADVISORY SERVICES, LTD, a corporation incorporated under the laws of…

Court:United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division

Date published: Jun 25, 2014

Citations

3:14-cv-01618-NC (N.D. Cal. Jun. 25, 2014)