Opinion
Case No. CV 13-00446 NC
04-26-2013
LODGEPOLE INVESTMENTS, LLC, a Nevada limited liability company, Plaintiff, v. EDWARD GENNADY BARSKY, an individual; ST. TROPEZ CAPITAL, LLC, a California limited liability company; and MONACO DEVELOPMENT, LLC, a California limited liability company, Defendants.
Respectfully submitted, CALDWELL LESLIE & PROCTOR, PC JEFFREY M. HAMMER Attorneys for LODGEPOLE INVESTMENTS, LLC Respectfully submitted, MAKSYM CHERNIAVSKYI, managing member of MONACO DEVELOPMENT, LLC Respectfully submitted, CALDWELL LESLIE & PROCTOR, PC JEFFREY M. HAMMER Attorneys for LODGEPOLE INVESTMENTS, LLC
CALDWELL LESLIE & PROCTOR, PC
MICHAEL J. PROCTOR, State Bar No. 148235
proctor@caldwell-leslie.com
ROBYN C. CROWTHER, State Bar No. 193840
crowther@caldwell-leslie.com
JEFFREY M. HAMMER, State Bar No. 264232
hammer@caldwell-leslie.com
ARMILLA STALEY-NGOMO, State Bar No. 259686
staley-ngomo@caldwell-leslie.com
725 South Figueroa Street, 31st Floor
Los Angeles, California 90017-5524
Telephone: (213) 629-9040
Facsimile: (213) 629-9022
Attorneys for Plaintiff LODGEPOLE
INVESTMENTS, LLC
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE
The Hon. Nathanael M. Cousins
Original CMC Date: May 1, 2013, at 10:00 a.m.
Proposed CMC Date: June 5, 2013, at 10:00 a.m.
Plaintiff Lodgepole Investments, LLC ("Lodgepole Investments") and Defendant Monaco Development, LLC ("Monaco"), by and through their undersigned counsel, hereby stipulate as follows:
WHEREAS Lodgepole Investments filed this lawsuit on January 31, 2013;
WHEREAS, on January 31, 2013, the Court issued an Order Setting Initial Case Management Conference and ADR Deadlines, and scheduled the Initial Case Management Conference for May 1, 2013, at 10:00 a.m.;
WHEREAS, on February 6, 2013, Defendants Edward Gennady Barsky and St. Tropez Capital, LLC filed a Notice of Automatic Stay of this lawsuit, pursuant to 11 U.S.C. § 362(a) and based on their filing of voluntary Chapter 11 bankruptcy petitions in the United States Bankruptcy Court, Central District of California;
WHEREAS the automatic stay has no application to the claims brought against Monaco, which has not filed a bankruptcy petition;
WHEREAS, Lodgepole Investments and Defendants are engaged in settlement negotiations that would fully resolve this action;
NOW THEREFORE, Lodgepole Investments and Monaco hereby stipulate and agree that, subject to the Court's approval, the Initial Case Management Conference shall be continued to June 5, 2013, at 10:00 a.m., and that all other deadlines set forth in the Court's Order Setting Initial Case Management Conference and ADR Deadlines are continued accordingly.
Respectfully submitted,
CALDWELL LESLIE & PROCTOR, PC
By _______________
JEFFREY M. HAMMER
Attorneys for LODGEPOLE INVESTMENTS, LLC
Respectfully submitted,
By _______________
MAKSYM CHERNIAVSKYI, managing
member of MONACO DEVELOPMENT, LLC
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Judge Nathanael M. Cousins
ATTESTATION PURSUANT TO LOCAL RULE 5-1
Pursuant to Local Rule 5-1 of the Northern District of California, I attest that concurrence in the filing of this document has been obtained from each of the other signatory to this document.
Respectfully submitted,
CALDWELL LESLIE & PROCTOR, PC
By _______________
JEFFREY M. HAMMER
Attorneys for LODGEPOLE INVESTMENTS, LLC