JOINT APPLICATION TO CONTINUE TRIAL BASED ON STIPULATION OF THE PARTIES

Bankruptcy Court No. 12-36999-B-7

Adversary Proceeding No. 12-02717-B

WILLIAM B. SHUBB, District Judge.

The parties, Plaintiff David Olick (hereinafter, Olick) and Defendant Vivian Lily (hereinafter, Lily) by and through their respective counsel, jointly apply for a continuance of the trial of this matter, currently set for November 1, 2016 respectfully request that the trial date be vacated, and the Court set the matter on calendar for a new trial date anytime subsequent to February 15, 2017.

The continuance is being sought because of ongoing serious health problems of Vivian Lily, which may require surgical intervention, to enable the parties to have an opportunity to pursue active settlement discussions and to enable David R. Olick to complete a jury trial in the San Mateo Superior Court (No. PRO124018) scheduled to begin on October 24, 2016 and scheduled to proceed for at least a month.

This case is one of two involving Olick and Lily, the second being their dissolution action, pending in Solano County, Case No. FFL 114985 (hereinafter, the Dissolution Case.) No trial date has been set in that action. There are overlapping issues in these cases and Olick and Lily are interested in reaching a global settlement of both this case and the Dissolution Case. Settlement has been facilitated by the home (whose title is contested) having its market value restored and one mortgage having been forgiven.

The parties have been engaged in serious negotiations, which were restarted recently in light of this development. There is not adequate time to conclude these negotiations and, it is hoped reach a global settlement, given the current trial date and the pretrial preparation required.

The ability to conclude these negotiations before having to switch focus to trial preparation based on the current trial date is complicated by health problems of Lily. As set forth in the Declaration of Laura Fox, filed herewith, Lily had two major surgeries in 2015 and in 2016. The goal of the surgeries was to curtail the frequent infections, which Lily experiences, which have resulted in sepsis on more than one occasion. Unfortunately, she still suffers from frequent infections.

Lily now faces possible additional surgical procedures. She has previously had an angiogram and angioplasty. Recently she has been experiencing extreme chest pain and is scheduled for testing on September 30, which may be followed by an angiogram or angioplasty or other intervention to address her cardiac issues. Lily's ability to participate directly in settlement discussions over the next few weeks is doubtful (and even her ability to appear at trial) as she may need weeks or months to recover from procedures she may undergo.

As set forth in the Declaration of Olick, who is both a party and co-counsel in this case, he has a large and complicated jury trial set for October 24, 2016 in San Mateo County Superior Court which is anticipated to go well beyond November 1, 2016.

It is hoped that with additional time the parties can reach an overall settlement of the litigation between them, thereby avoiding the expenditure of judicial resources and the costs associated with trials in two forums. If the parties are unable to reach a negotiated settlement on their own, they anticipate asking the Court to refer this matter to a Magistrate Judge for a settlement conference.

The parties respectfully ask that the trial date be vacated, and that the case be set for trial any time subsequent to, February 15, 2017 which is acceptable to both parties and their counsel, with all dates set in the Final Pretrial Order adjusted to the new trial date.

STIPULATION

Lily and Olick stipulate as follows:

1. In Order that settlement discussions may be pursued effectively, and that medical problems for Vivian Lily may be resolved and a conflicting trial may be conducted by David R. Olick that the trial date of this matter currently set for November 1, 2016, be vacated.

2. That the Court set the case for trial after February 15, 2017 on a date convenient to the Court.

3. That all dates set in the Final Pretrial Order be adjusted to correspond to the new trial date.

ORDER

Based on the Stipulation of the Parties, and GOOD CAUSE APPEARING:

1. The trial date in this matter, November 1, 2016, is vacated.

2. The case is continued for trial on Tuesday, February 14, 2017 at 9:00 a.m.

3. Deadlines set in the Final Pretrial Order will be adjusted based on the new trial date.

IT IS SO ORDERED.