Free Stipulation - District Court of California - California

Case 5:07-cv-03001—FII\/IW Document 48 Filed 10/31/2007 Page 1 of 3
1 Michael H. Steinberg (CSB 134179)
Laura E. Kabler (CSB 241281)
2 SULLIVAN & CROMWELL LLP
1888 Century Park East
3 Los Angeles, Califomia 90067 ·
Telephone: (310) 712-6600
4 Facsimile: (310) 712-8800
5 Attorneys for Petitioners Joel Benoliel, et al.
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8 UNITED STATES DISTRICT COURT
9 FOR THE NORTHERN DISTRICT OF CALIFORNIA
10 SAN JOSE DIVISION
ll JOEL BENOLIEL, GREGG R. DAUGHERTY, Case N0. C 07-03001-RMW
BRUCE E. HOSFORD, and DONALD S.
12 JEFFERSON,
13 Pl3.i11tiffS/ PetitiO1'1eI‘S, JOINT STIPULATION AND
[PROPOSED] ORDER
14 V- c0NT1NU1NG THE HEARING
_ _ ON THE FIRST AMENDED
15 BLACKHAWK PARENT LLC, 21 Delaware limited PETITION TO COMPEL
liability company, and EOP OPERATING ARBITRATION AND THE C ASE
16 LIMITED PARTNERSHIP, a Delaware limited MANAGEMENT CONFERENCE
partnership, ·
17 Prior Hearing Date: November 9,
Defendants/Respondents. 2007
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New Hearing Date: December 7,
19 2007
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JOINT STIPULATION AND REQUEST FOR ORDER CHANGING TIME Case No. C 07-03001-RMW

Case 5:07-cv-03001—RI\/IW Document 48 Filed 10/31 /2007 Page 2 of 3
1 Pursuant to Civil Local Rules 6-1(b), 6-2, 7-7(b) and 7-12 of the Federal District
2 for the Northern District of Califomia, Plaintiffs/Petitioners Joel Benoliel, Gregg R. Daugherty,
3 Bruce E. Hosford, and Donald S. Jefferson (collectively, "Petitioners"), by and through their
4 respective counsel, submit this Joint Stipulation and Proposed Order Changing Time conceming
5 Petitioners’ pending First Amended Petition to Compel Arbitration (the "Amended Petition")
6 scheduled to be heard November 9, 2007 (the "Hearing").
7 WHEREAS, Petitioners filed the Amended Petition on July 27, 2007;
8 WHEREAS, Respondents tiled a Memorandum of Points and Authorities in
9 Opposition to the Amended Petition (the "Opposition") on August 10, 2007;
10 WHEREAS, Petitioners filed a Reply in Support of the Amended Petition on
11 August 17, 2007; i
12 WHEREAS, a hearing on the Amended Petition was originally scheduled for
13 August 31, 2007 at 9:00 a.m.;
14 WHEREAS, on August 27, 2007, the parties submitted a joint stipulation and
15 proposed order, continuing the August 31, 2007 hearing to September 28, 2007;
16 WHEREAS, on August 28, 2007, the Court entered the proposed order continuing
17 the August 31, 2007 hearing to September 28, 2007; _
18 WHEREAS, a Case Management Conference was also scheduled to occur on
19 September 28, 2007;
20 WHEREAS, on September 18, 2007, the Court sua sponte ordered that the hearing
21 on the Amended Petition and the Case Management Conference be continued to October 19, 2007;
22 WHEREAS, upon a joint stipulation submitted by the parties, on October 11, 2007,
23 the Court ordered that the hearing on the Amended Petition and the Case Management Conference
24 be continued to November 9, 2007;
25 WHEREAS, the parties are in continued discussions directed toward reaching a
26 negotiated resolution of the issues raised by the Amended Petition;
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JOINT STIPULATION AND REQUEST FOR ORDER GING TIME Case No. C 07-03001-RMW

Case 5:07-cv-03001—RI\/IW Document 48 Filed 10/31 /2007 Page 3 of 3
l WHEREAS, the parties agree to continue the Hearing and the Case Management
2 Conference until December 7, 2007; and
3 WHEREAS, the parties agree that this Stipulation does not waive any of the rights
4 or defenses available to either party, and that each party reserves its rights to assert any and all
5 rights and defenses in the future and to provide further papers updating the Court and providing
6 any further developments;
7 ‘ NOW THEREFORE THE PARTIES JOINTLY REQUEST THE FOLLOWING:
8 Subject to the Cou1t's approval, pursuant to Civil Local Rules 6-1, 6-2, 7-7(b) and
9 7-12 of the Federal District Court for the Northem District of California, that the Hearing and the
l0 Case Management Conference be continued to 9 a.m. onVFriday, December 7, 2007.
11 Dated: October 31, 2007 SULLIVAN & CROMWELL LLP
12 A _
13
’ Mich . Steinberg
14 Atéorneys for Plaintiffs/Petitioners
15 JOEL BENOLIEL, et al.
16 »
17 Dated: October 31, 2007 SIMPSON THACHER & BARTLETT LLP
18 ·
/s/ {with express permission)
19 Paul C. Gluckow
20 Attomeys for Defendants/Respondents
BLACKHAWK PARENT LLC and EOP
21 OPERATING LIMITED PARTNERSHIP
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23 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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25 Dated: , 2007 By
The Honorable Ronald M. Whyte
26 United States District Judge
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JOINT STIPULATION AND REQUEST FOR ORDER CHANGING TIME Case No. C 07-03001-RMW
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Case 5:07-cv-03001-RMW

Document 48

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