Free Stipulation and Order - District Court of California - California

Case 5:07-cv-03001—RI\/IW Document 46 Filed 10/11/2007 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, California 90067
Telephone: (310) 712-6600
4 Facsimile: (310) 712-8800
5 Attorneys for Petitioners Joel Benoliel, etal.
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S UNITED STATES DISTRICT COURT
g FOR THE NORTHERN DISTRICT OF CALIFORNIA
IO SAN JOSE DIVISION
1 1 JOEL BENOLIEL, GREGG R. DAUGHERTY, Case N0. C 07-03001-RMW
BRUCE E. HOSFOIRD, and DONALD S.
12 JEFFERSON,
13 Plaintiffs/P€=t1tIOnerS, JQINT STIPIJLATION AND
[KR I9] ORDER
14 V- coNT1NU1NG THE HEARING
_ _ _ ON THE FIRST AMENDED
15 BLACKHAWK PARENT LLC, a Delaware 11m1tCd PETITTON TO COMPEL
liability company, and EOP OPERATING ARBITRATION AND THE CASE
16 LIMITED PARTNERSHIP, a Delaware limited MANAGEMENT CONFERENCE
partnership,
17 Prior Hearing Date: October 19, 2007
Defendants/Respondents.
18 New Hearing Date: November 9, 2007
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JOINT STIPULATION AND REQUEST FOR ORDER CHANGING TIME Case No. C 07-03001-RMW

ase 5:07-cv-03001—RI\/IW Document 46 Filed 10/11/2007 Page 2 of 3
1 Pursuant to Civil Local Rules 6-l(b), 6-2, 7-7(b) and 7-12 of the Federal District
2 for the Northem District of California, 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 concerning
5 Petitioners’ pending First Amended Petition to Compel Arbitration (the "Amended Petition")
6 scheduled to be heard October 19, 2007 (the "Hearing").
7 WHEREAS, Petitioners filed the Amended Petition on July 27, 2007;
8 WHEREAS, Respondents filed 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
1 1 August 17, 2007;
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; i
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, the parties are in continued discussions directed toward reaching a
23 negotiated resolutio·n of the issues raised by the Amended Petition;
24 WHEREAS, the parties agree to continue the Hearing and the Case Management
25 Conference until November 9, 2007; and
26 WHEREAS, the parties agree that this Stipulation does not waive any of the rights
27 or defenses available to either party, and that each party reserves its rights to assert any and all
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JOINT STIPULATION AND REQUEST FOR ORDER CIAQIANGING TIME Case No. C 07-03001-RMW

ase 5:07-cv-03001—RIVIW Document 46 Filed 10/11/2007 Page 3 of 3
1 rights and defenses in the future and to provide further papers updating the Court and providing
2 any further developments;
3 NOW THEREFORE THE PARTIES JOINTLY REQUEST THE FOLLOWING:
4- Subj ect to the Court’s approval, pursuant to Civil Local Rules 6-1, 6-2, 7-7(b) and
5 7-12 of the Federal District Court for the Northern District of California, that the Hearing and the
6 Case Management Conference be continued to 9 a.m. on Friday, November 9, 2007.
7 Dated: October 9, 2007 SULLIVAN & CROMWELL LLP
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Micha . Steinb
19 Att eys for Plaintiffs/Pe rtioners
1 1 JOEL BENOLIEL, et al.
12 g
13 Dated: October 9, 2007 SIMPSON THACHER & BARTLETT LLP
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/s/ {with express permission)
15 Paul C. Gluckow
1 6 Attorneys for Defendants/Respondents
BLACKHAWK PARENT LLC and EOP
17 OPERATING LIMITED PARTNERSHIP
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io PURSUANT TO STIPULATION, IT IS SO ORDERED.
” K gg
21 Dated; A10/11_ ,2007 By
The Honorable Ronald . Vlfhyte
22 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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