Filed: Mar. 24, 2016
Latest Update: Mar. 24, 2016
Summary: STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE PETITIONERS' MOTION TO TRANSFER AND THE MOTION TO COMPEL SUBPOENA DUCES TECUM HAYWOOD S. GILLIAM, Jr. , District Judge . Petitioners, known in the underlying action 1 as the "RAM Defendants" (Raymond A. Mirra, Jr., RAM Capital Group, LLC, RAM Capital Group II, LLC, RAM Realty Holdings, LLC, Joseph A. Troilo, Jr., Bruce Kolleda, Mark A. Kovinsky, Joseph J. Tropiano, Jr., Danielle Stewart, Renee M. Sigloch, Bari K
Summary: STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE PETITIONERS' MOTION TO TRANSFER AND THE MOTION TO COMPEL SUBPOENA DUCES TECUM HAYWOOD S. GILLIAM, Jr. , District Judge . Petitioners, known in the underlying action 1 as the "RAM Defendants" (Raymond A. Mirra, Jr., RAM Capital Group, LLC, RAM Capital Group II, LLC, RAM Realty Holdings, LLC, Joseph A. Troilo, Jr., Bruce Kolleda, Mark A. Kovinsky, Joseph J. Tropiano, Jr., Danielle Stewart, Renee M. Sigloch, Bari Ku..
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STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE PETITIONERS' MOTION TO TRANSFER AND THE MOTION TO COMPEL SUBPOENA DUCES TECUM
HAYWOOD S. GILLIAM, Jr., District Judge.
Petitioners, known in the underlying action1 as the "RAM Defendants" (Raymond A. Mirra, Jr., RAM Capital Group, LLC, RAM Capital Group II, LLC, RAM Realty Holdings, LLC, Joseph A. Troilo, Jr., Bruce Kolleda, Mark A. Kovinsky, Joseph J. Tropiano, Jr., Danielle Stewart, Renee M. Sigloch, Bari Kuo, Frederick Forte, Virginia L. Hall, and Shelly Demora), Respondent Farella Braun + Martel LLP ("Farella Braun"), Plaintiffs in the underlying action (Gigi Jordan, The Hawk Mountain LLC, Michelle E. Mitchell, and Kimberly Jordan), and the remaining defendants in the underlying action (Patrick Walsh and Bernard Eizen), stipulate as follows pursuant to Civil Local Rule 6-2:
WHEREAS, the RAM Defendants filed and served a Motion to Transfer, a Motion to Compel Subpoena Duces Tecum ("Motion to Compel"), and a Motion for Sanctions on March 22, 2016;
WHEREAS, Patrick Walsh and Bernard Eizen intend to join in the Motion to Transfer, Motion to Compel, and Motion for Sanctions filed by the RAM Defendants;
WHEREAS, the RAM Defendants, Farella Braun, and Plaintiffs in the underlying action ("Plaintiffs"), have all agreed to a shortened briefing schedule to expedite resolution of the disputes that are the subject of the Motion to Transfer and Motion to Compel;
NOW THEREFORE, the parties to this stipulation, through their undersigned counsel of record and subject to the Court's approval, agree:
1. Patrick Walsh and Bernard Eizen shall file their Notice of Joinder in the Motion to Transfer, Motion to Compel, and Motion for Sanctions on or before March 25, 2016;
2. Farella Braun shall file its opposition to the Motion to Transfer, and Motion to Compel on or before April 1, 2016;
3. Plaintiffs shall file their opposition to the Motion to Transfer, and Motion to Compel, if any, on or before April 1, 2016;
4. The RAM Defendants, Patrick Walsh and Bernard Eizen shall file their reply in support of the Motion to Transfer, and Motion to Compel on or before April 6, 2016;
5. If Farella Braun and Plaintiffs file separate oppositions to the Motion to Transfer, Motion to Compel, and/or Motion for Sanctions, the RAM Defendants, Patrick Walsh and Bernard Eizen shall have the right (but not the obligation) to file a separate reply to each opposition;
6. The parties to this stipulation consent to service by electronic mail of the Motion to Transfer, Motion to Compel, and Motion for Sanctions.
7. The parties consent to service of all papers in this action (including the above-referenced motions, opposition and reply papers) by electronic mail, and agree that such service shall constitute personal delivery by hand pursuant to Federal Rule of Civil Procedure 5(b)(2)(A).
IT IS SO STIPULATED.
[PROPOSED]ORDER
Based on the foregoing stipulation, and for good cause shown,
IT IS HEREBY ORDERED that
1. Patrick Walsh and Bernard Eizen shall file their Notice of Joinder in the Motion to Transfer, Motion to Compel, and Motion for Sanctions on or before March 25, 2016;
2. Farella Braun shall file its opposition to the Motion to Transfer, and Motion to Compel on or before April 1, 2016;
3. Plaintiffs shall file their opposition to the Motion to Transfer, and Motion to Compel, if any, on or before April 1, 2016;
4. The RAM Defendants, Patrick Walsh and Bernard Eizen shall file their reply in support of the Motion to Transfer, and Motion to Compel on or before April 6, 2016;
5. If Farella Braun and Plaintiffs file separate oppositions to the Motion to Transfer, Motion to Compel, and/or Motion for Sanctions, the RAM Defendants, Patrick Walsh and Bernard Eizen shall have the right (but not the obligation) to file a separate reply to each opposition;
6. The parties to this stipulation shall accept electronic mail service of the Motion to Transfer, Motion to Compel, and Motion for Sanctions;
7. All papers in this action (including the above-referenced motions, opposition and reply papers) shall be permitted to be served by electronic mail, and such service shall constitute personal delivery by hand pursuant to Federal Rule of Civil Procedure 5(b)(2)(A).
IT IS SO ORDERED.
DECLARATION OF KARIN KRAMER IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME TO TRANSFER AND THE MOTION TO COMPEL SUBPOENA DUCES TECUM
I, Karin Kramer, declare as follows:
1. I am a member of the law firm of Quinn Emanuel Urquhart & Sullivan, LLP, attorneys for the Petitioners in this miscellaneous matter and for the RAM Defendants (Raymond A. Mirra, Jr., RAM Capital Group, LLC, RAM Capital Group II, LLC, RAM Realty Holdings, LLC, Joseph A. Troilo, Jr., Bruce Kolleda, Mark A. Kovinsky, Joseph J. Tropiano, Jr., Danielle Stewart, Renee M. Sigloch, Bari Kuo, Frederick Forte, Virginia L. Hall, and Shelly Demora) in the action currently pending in the United States District Court for the District of Delaware, captioned The Hawk Mountain LLC, et al. v. RAM Capital Group, LLC, et al., C.A. No. 13-02083-SLR-SRF. I am duly licensed to practice before this Court. The matters set forth herein are within my personal knowledge and if called and sworn as a witness I could competently testify regarding them.
2. I submit this declaration in support of the Stipulation to Shorten Time for Briefing on the Motion to Transfer and the Motion to Compel Subpoena Duces Tecum. (If the Court grants the Motion to Transfer, then it need make no ruling regarding the Motion to Compel. The parties will address timing of that motion with the Magistrate assigned to hear discovery disputes for this case in the District of Delaware.)
3. We are requesting this matter be heard on shortened time because the fact discovery deadline in the underlying Delaware litigation has passed. The dispute that is at the center of this motion practice concerns documents responsive to a Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, served on Respondent Farella Braun + Martel LLP ("Farella Braun") by the RAM Defendants on March 3, 2015. The parties need to have this dispute resolved expeditiously, so they can finally complete discovery and proceed with other deadlines in the underlying litigation.
4. There have been no previous time modifications in this miscellaneous action.
5. The requested time modification would not affect the schedule for this action, as there are no other deadlines in this case at this time apart from the deadlines associated with these motions.
I declare under penalty of perjury of the laws of the United States that the foregoing is true and correct. Executed in San Francisco, California on March 24, 2016.
