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BOUTIN DENTINO GIBSON 

DI GIUSTO HODELL INC. 

Chris Gibson, Esq., 073353 

Maralee MacDonald, Esq. 208699 

James P. Kirkley, Esq., 226641 

555 Capitol Mall, Suite 1500 

Sacramento, CA 95814-4603 

(916) 321-4444 

Attorneys for Cross-Defendant, 

Sinclair Wilson 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

DANIEL W. FAERFERS and KATJA 

FAERFERS, 

 Plaintiffs, 

vs. 

CAVIAR CREATOR, INC., a Nevada 

Corporation, individually and as successor to 

CAVIAR CREATOR, INC., an Oregon 

Corporation, 

 Defendants. 

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Case No.: 2:04-CV-02690 MCE-PAN

STIPULATION FOR SINCLAIR WILSON 

TO HAVE LEAVE TO ADD CROSSCLAIMS AND COUNTERCLAIMS; 

PROPOSED ORDER 

CAVIAR CREATOR, INC., a Nevada 

Corporation, 

 Counterclaimant/ 

 Cross-complainant, 

v. 

DANIEL W. FAERFERS, an individual; KATJA 

E. FAERFERS, an individual; SINCLAIR 

WILSON, an unknown business entity; 

 Counter-defendants/ 

 Cross-defendants. 

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TO THE HONORABLE COURT: 

Pursuant to Rule 16(c) of the Federal Rules of Civil Procedure and Local Rule 83-143, CrossDefendant Sinclair Wilson, Plaintiffs Daniel Faerfers and Katja Faerfers, and Defendant/CrossComplainant Caviar Creator, Inc., respectfully submit the following Stipulation and Order for Sinclair 

Wilson to have leave to add cross-claims and counterclaims, so long as such claims are filed with any 

answer to the pending cross-complaint. 

Case 2:04-cv-02690-TLN-EFB Document 78 Filed 11/14/05 Page 1 of 4
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RECITALS

A. On July 15, 2005, the Court issued its Pretrial (Status) Scheduling Order (“Status 

Order #1”). The Status Order #1 expressly states, “All named defendants have been served and no 

further service is permitted without leave of Court, good cause having been shown.” Status Order #1 

at ¶ I. The Status Order #1 also states, “No joinder of parties or amendments to pleadings is permitted 

without leave of Court, good cause having been shown.” Status Order #1 at ¶ II. 

B. On or about July 28, 2005, Caviar Creator, Inc. caused to be filed and served on 

Sinclair Wilson a cross-complaint naming Sinclair Wilson as a cross-defendant for two causes of 

action. Prior to the filing of Caviar Creator, Inc.’s cross-complaint, Sinclair Wilson was not a party to 

this action. 

C. On September 20, 2005, the Court issued an Amended Pretrial (Status) Scheduling 

Order (“Status Order 2”). The Status Order #2 contained the same respective restrictions as Status 

Order #1, stated supra paragraph “A.” See Status Order #2 at ¶¶ I-II. 

D. As a party brought into this case after the Status Order #1 was issued, Sinclair Wilson 

seeks leave of the Court, in the interests of promoting judicial economy, to file any cross-claims or 

counterclaims along with its responsive pleadings. 

STIPULATION

IT IS HEREBY STIPULATED between the parties, through their respective attorneys of 

record, that Sinclair Wilson has good cause to file and serve any cross-claims and counterclaims, 

should the need arise, in pleadings filed along with its responsive pleadings to the pending crosscomplaint. Said “good cause” does not relate to the merits of any underlying cause of action; rather, 

good cause exists to permit Sinclair Wilson to file and serve such cross-claims or counterclaims. 

IT IS ALSO STIPULATED between the parties, through their respective attorneys of record, 

that Sinclair Wilson has good cause to join any parties, should the need arise, in pleadings filed along 

with its responsive pleadings to the pending cross-complaint. Said “good cause” does not relate to the 

merits of any underlying cause of action; rather, good cause exists to permit Sinclair Wilson to join 

parties in such cross-claims or counterclaims. 

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IT IS ALSO STIPULATED between the parties, through their respective attorneys of record, 

that there is no opposition to Sinclair Wilson’s request for leave from the Court to file and serve any 

cross-claims and counterclaims, against any current party or joined party, so long as such claims are 

filed with any answer to the pending cross-complaint. 

IT IS FURTHER STIPULATED between the parties, through their respective attorneys of 

record, that the aforementioned stipulations do not constitute waiver of any defense to such crossclaims or counterclaims and any and all affirmative defenses or otherwise responsive pleadings 

allowable under the Federal Rules of Civil Procedure may be asserted against Sinclair Wilson’s 

claims. 

IT IS SO STIPULATED. 

Date: October 6, 2005 DIEPENBROCK ▪ HARRISON 

____/s/_Eileen Diepenbrock______________ 

 Eileen Diepenbrock, Attorney for 

 Defendant/Cross-Complainant Caviar Creator, Inc. 

Date: October 19, 2005 VAUGHAN & ASSOCIATES 

____/s/__Cris Vaughan__________________ 

 Cris Vaughan, Attorney for Plaintiffs 

Daniel Faerfers and Katja Faerfers 

Date: October 31, 2005 BOUTIN DENTINO GIBSON DI GIUSTO 

 HODELL INC. 

____/s/__James P. Kirkley________________ 

 James P. Kirkley, Attorney for 

 Cross-Defendant Sinclair Wilson 

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ORDER

IT IS HEREBY ORDERED, good cause having been shown, that Sinclair Wilson may file and 

serve any cross-claims and counterclaims, including those which join new parties to this action, so long 

as such claims are filed along with its responsive pleadings to the pending cross-complaint. 

IT IS SO ORDERED. 

Dated: November 14, 2005 

__________________________________ 

MORRISON C. ENGLAND, JR 

UNITED STATES DISTRICT JUDGE 

 

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