STIPULATION AND [PROPOSED] ORDER RESCHEDULING 

THE MARCH 5, 2010 CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Gibson, Dunn & 

Crutcher LLP 

STEVEN J. JOHNSON, SBN 121568 

MICHAEL B. SMITH, SBN 235764 

GIBSON, DUNN & CRUTCHER LLP 

1881 Page Mill Road 

Palo Alto, California 94304 

Telephone: (650) 849-5300 

Facsimile: (650) 849-5333 

sjjohnson@gibsondunn.com 

msmith@gibsondunn.com 

Attorneys for Plaintiffs 

SANTA CRUZ SURFING CLUB 

PRESERVATION SOCIETY and

HARRY MAYO 

JAMES M. CHADWICK, SBN 157114 

THAYER M. PREECE, SBN 241824 

SHEPPARD MULLIN RICHTER & HAMPTON LLP 

990 Marsh Road 

Menlo Park, California 94025 

Telephone: (650) 815-2600 

Facsimile: (650) 815-2601 

jchadwick@sheppardmullin.com 

tpreece@sheppardmullin.com 

Attorneys for Defendants 

RYAN RITTENHOUSE and 

SANTA CRUZ SURFING CLUB, INC. 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SANTA CRUZ SURFING CLUB 

PRESERVATION SOCIETY, a California 

nonprofit public benefit corporation; and 

HARRY MAYO, an individual, 

 Plaintiffs, 

 v. 

RYAN RITTENHOUSE, an individual; and 

SANTA CRUZ SURFING CLUB, INC., a 

California corporation,

 Defendants. 

CASE NO. 3:08-cv-05783-SI 

STIPULATION AND [PROPOSED] 

ORDER RESCHEDULING THE MARCH 

5, 2010 CASE MANAGEMENT 

CONFERENCE

Date Filed: December 30, 2008 

Trial Date: To be determined 

Case 3:08-cv-05783-SI Document 45 Filed 03/03/10 Page 1 of 3
STIPULATION AND [PROPOSED] ORDER RESCHEDULING 

THE MARCH 5, 2010 CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Gibson, Dunn & 

Crutcher LLP 

2

STIPULATION

WHEREAS, the Court held a Case Management Conference in this matter on September 18, 

2009;

WHEREAS, at the September 18, 2009 Case Management Conference, the Court ordered the 

parties to this action to participate in a settlement conference with Magistrate Judge Spero, and 

ordered a further Case Management Conference be held on November 20, 2009; 

WHEREAS, the parties participated in a settlement conference with Magistrate Judge Spero 

on October 19, 2009; 

WHEREAS, at the request and by stipulation of the parties, the Court has continued the Case 

Management Conference three times since then to allow the parties time to complete a settlement, 

most recently to March 5, 2010; 

WHEREAS, the parties have, since the settlement conference, drafted a global Settlement 

Agreement that includes a fully drafted commercial agreement with a third party. There remains one 

issue in the third party agreement that needs to be resolved, and the parties are waiting for a response 

from the third party on the one remaining issue. The parties hoped to receive a response from the 

third party on February 26, 2010, but were told by the third party on February 26th that it has not yet 

formulated a response on the remaining issue. In addition, Defendants and their insurer have 

negotiated a separate agreement that is complete and nearly final, except as to one or two points. If 

the parties are not able to resolve these remaining issues, they intend to return to return to Magistrate 

Judge Spero to seek his assistance in resolving it, and will reserve a further settlement conference 

date with Judge Spero for that purpose. In the meantime, the parties would like to ask the Court to 

continue the Case Management Conference for 30 to 45 days, in which time the parties hope to 

complete their settlement. 

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs 

and Defendants, through their respective attorneys of record, based on the foregoing, and subject to 

approval of this Court, that the following events are rescheduled as indicated below: 

Case 3:08-cv-05783-SI Document 45 Filed 03/03/10 Page 2 of 3
STIPULATION AND [PROPOSED] ORDER RESCHEDULING 

THE MARCH 5, 2010 CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Gibson, Dunn & 

Crutcher LLP 

3

Current Date New Date 

Further Case Management Conference March 5, 2010 3:00 

p.m. 

April 9, 2010

3:00 p.m. 

Joint Case Management Statement February 26, 2010 April 2, 2010 

IT IS SO STIPULATED.

Dated: January 22, 2010 GIBSON, DUNN & CRUTCHER LLP 

By: ____________/s/_________________________

Steven J. Johnson 

Attorneys for Plaintiffs 

SANTA CRUZ SURFING CLUB PRESERVATION 

SOCIETY and HARRY MAYO 

Dated: January 22, 2010 SHEPPARD MULLIN RICHTER & HAMPTON LLP 

By: ____________/s/__________________________

James M. Chadwick 

Attorneys for Defendants 

RYAN RITTENHOUSE and 

SANTA CRUZ SURFING CLUB, INC. 

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

Dated: _________________________ 

Hon. Susan Illston 

U.S. District Court Judge 

Case 3:08-cv-05783-SI Document 45 Filed 03/03/10 Page 3 of 3