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.
JOINT STIPULATION TO STAY PROCEEDINGS FOR NINETY (90) DAYS AND CONTINUE ALL PRESENTLY SCHEDULED HEARINGS, BRIEFINGS, APPEARANCES AND OTHER DEADLINES; [PROPOSED] ORDER
NATHANAEL M. COUSINS, District 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, by and through their respective counsel, hereby STIPULATE and AGREE as follows:
WHEREAS, this case arises from a dispute over whether Plaintiff MIRO ADVISORY SERVICES, LTD is entitled to a "finder's fee" for performing real estate related services by purportedly procuring a potential buyer for approximately 606, 000 acres of timberlands ("Timberlands").
WHEREAS, on April 8, 2014, Plaintiff filed a Complaint for Declaratory Relief and Negligent Misrepresentation (D.E. 1).
WHEREAS, on May 8, 2014, Defendants JWTR OREGON, LLC and JWTR, LLC 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).
WHEREAS, on June 16, 2014, Defendant D.A. DAVIDSON & CO. filed a Motion to Dismiss Plaintiff's Complaint (D.E. 27).
WHEREAS, on June 30, 2014, Defendant RICHARD L. WENDT TRUST filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to FRCP 12(b)(1) and FRCP 12(b)(6) (D.E. 38).
WHEREAS, the hearing on all three pending Motions to Dismiss is set for August 27, 2014.
WHEREAS, the Initial Case Management Conference is presently scheduled for September 3, 2014.
WHEREAS, a sale of the Timberlands to an unrelated third party is presently pending and is scheduled to close escrow within sixty (60) to seventy-five (75) days.
WHEREAS, the sale of the Timberlands to an unrelated third party is not covered by the agreement which forms the basis for this litigation.
WHEREAS, the parties wish to stay all proceedings in this matter for a period of ninety (90) days and continue all presently scheduled hearings, briefings, appearances and any other deadlines imposed by law or the Court, to allow escrow to close on the sale of the Timberlands.
WHEREAS, upon completion of the sale of the Timberlands to a party unrelated to this instant action, the claims set forth by Plaintiff's Complaint will be moot.
WHEREAS, the parties further stipulate and agree that the stay requested herein is not requested for the purposes of delay and will not result in any prejudice to the parties or to the Court.
IT IS THEREFORE STIPULATED AND AGREED by Plaintiff and Defendants, by and through their respective counsel of record, pursuant to Rule 7-12 of the Civil Local Rules of the Northern District of California, and the Court is respectfully requested to order that:
1. This action is hereby stayed until November 12, 2014;
2. The hearing on Defendants' Motions to Dismiss (D.E. 8, 27 and 38) is continued to December 3, 2014;
3. The Initial Case Management Conference and Rule 26 deadlines are continued as follows:
a. November 26, 2014 - Last day to:
º Meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan
º File ADR Certificate signed by Parties and Counsel
º File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference
b. December 3, 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
c. December 10, 2014 - INITIAL CASE MANAGEMENT CONFERENCE (CMC) in Courtroom A, 15th Floor at 10:00 A.M.
[PROPOSED] ORDER
The Court, having reviewed the parties' Stipulation, hereby orders as follows:
1. This action is hereby stayed until November 12, 2014 [or _________________, 2014];
2. The hearing on Defendants' Motions to Dismiss (D.E. 8, 27 and 38) is continued to December 3, 2014 [or _________________, 2014] at 1:00 p.m. in Courtroom A, 15th Floor.
3. The Initial Case Management Conference and Rule 26 deadlines are continued as follows:
a. November 26, 2014 [or _________________, 2014]; - Last day to:
º Meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan
º File ADR Certificate signed by Parties and Counsel
º File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference
b. December 3, 2014 [or _________________, 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
c. December 10, 2014 [or _________________, 2014] - INITIAL CASE MANAGEMENT CONFERENCE (CMC) in Courtroom A, 15th Floor at 10:00 A.M.
IT IS SO ORDERED.