Filed: Aug. 11, 2014
Latest Update: Aug. 11, 2014
Summary: SEVENTH STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS RICHARD SEEBORG, District Judge. WHEREAS, on June 27, 2013, plaintiffs filed a Complaint (the "Complaint") in the Superior Court of the State of California, County of San Francisco against the named defendants; WHEREAS, on August 1, 2013, the action was timely removed from the Superior Court of the State of California, County of San Francisco, to the United States District Court for the Northern District of California; WHEREAS, al
Summary: SEVENTH STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS RICHARD SEEBORG, District Judge. WHEREAS, on June 27, 2013, plaintiffs filed a Complaint (the "Complaint") in the Superior Court of the State of California, County of San Francisco against the named defendants; WHEREAS, on August 1, 2013, the action was timely removed from the Superior Court of the State of California, County of San Francisco, to the United States District Court for the Northern District of California; WHEREAS, all..
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SEVENTH STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS
RICHARD SEEBORG, District Judge.
WHEREAS, on June 27, 2013, plaintiffs filed a Complaint (the "Complaint") in the Superior Court of the State of California, County of San Francisco against the named defendants;
WHEREAS, on August 1, 2013, the action was timely removed from the Superior Court of the State of California, County of San Francisco, to the United States District Court for the Northern District of California;
WHEREAS, all parties have agreed that it is in the best interests of all parties to explore the possibility of consensual resolution and to stay this litigation during that process;
WHEREAS, a mediation involving the parties and counsel in this action and in the jointly administered proceedings in the United States Bankruptcy Court for the District of Delaware (Case No. 12-12291 (MFW)) was held on November 12, 2013;
WHEREAS, the November 12, 2013 mediation was productive, but the parties agreed that further mediation sessions would be beneficial, and accordingly subsequent mediation sessions were held on January 8, 2014, and on February 7, 2014;
WHEREAS, a number of the parties have reached agreements in principle, and are in the process of finalizing all the terms of their agreements, including procedures whereby proceedings to effectuate the settlement would be addressed first, before proceeding with claims against non-settling defendants;
WHEREAS, the settling parties have been working diligently to finalize the settlement, but have not yet reached final terms due to the complexity of the case and number of parties involved in this action and the Delaware proceedings;
WHEREAS, in furtherance of efforts to reach a consensual resolution, the parties previously entered into stipulations to stay proceedings in this action temporarily, while preserving any and all claims, defenses, or other rights they may have, and without prejudice to any party;
WHEREAS, the Court previously approved the parties' prior stipulations (See Doc. Nos. 18, 22, 24, 32), and the most current stay lapsed on June 20, 2014;
WHEREAS, the parties believe that a further temporary stay of proceedings is likely to conserve judicial economy and the parties' resources;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between and among all parties, subject to the approval of the Court, as follows (the "Stipulation"):
1. The above-captioned action shall be stayed until September 5, 2014;
2. Defendants' deadline to file a responsive pleading or a motion to dismiss the Complaint is extended until October 27, 2014;
3. The Case Management Conference ("CMC") currently set for September 25, 2014 is continued until December 11, 2014. All other deadlines listed in the Order Setting Initial Case Management Conference and ADR Deadlines are continued accordingly;
4. The fact of this Stipulation shall not be used by any party in arguing against any motion or pleading that may be filed, including responsive pleadings, motions to dismiss the Complaint, or other motions (including, without limitation, motions for transfer or motions for remand), and this Stipulation and the fact of delay due to this stay may not be used in any way in support of or against any motion that may be filed by any party;
5. This Stipulation shall not act to shorten the time that any party would otherwise have to move or respond pursuant to the Federal Rules of Civil Procedure or any applicable local rules, and shall be without prejudice to any party's right to seek, and the opposing parties' right to oppose, an additional extension of time to file or respond; and
6. No defenses of any defendant to this action, including without limitation the defense of lack of personal jurisdiction, are prejudiced or waived by the submission of this Stipulation.
ORDER
Pursuant to the parties' stipulation and pursuant to Rule 6-1(a) of the Civil Local Rules, the Court hereby adopts and approves the terms of the parties' stipulation set forth above. This action is stayed until September 5, 2014. The Case Management Conference is continued to December 11, 2014, at 10:00 a.m. A joint Case Management Statement is due on December 4, 2014.
IT IS SO ORDERED.
