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Motions to Dismiss, and (3) Continue Case Management Conference; [Proposed] Order; 

Case No.: 17-cv-00851 EDL, Related Case No. 17-cv-1232 EDL

STEARNS WEAVER MILLER WEISSLER 

ALHADEFF & SITTERSON PA

Eugene E. Stearns (Fla. Bar No. 0149335)

Pro hac vice

estearns@stearnsweaver.com

Jason P. Hernandez (Cal. Bar No. 308959)

jhernandez@stearnsweaver.com

150 West Flagler Street, Suite 2200

Miami, Florida 33130

Telephone: (305) 789-3200

Facsimile: (305) 789-3395

TAYLOR & PATCHEN, LLP

Jonathan A. Patchen (SBN 237346)

jpatchen@taylorpatchen.com

Max Baba Twine (SBN 296128)

mtwine@taylorpatchen.com

One Ferry Building, Suite 355

San Francisco, California 94111

Telephone: (415) 788-8200

Facsimile: (415) 788-8208

Attorneys for Plaintiffs

JOHN E. ABDO, as Trustee of the JOHN E. 

ABDO TRUST DATED JUNE 11, 2014, and 

JOHN E. ABDO, as Trustee of the JOHN E. 

ABDO TRUST DATED MARCH 15, 1976

COBLENTZ PATCH DUFFY & BASS LLP 

Rees F. Morgan (SBN 229899) 

Andrew Schalkwyk (SBN 287170) 

One Montgomery Street, Suite 3000 

San Francisco, California 94104-5500 

Telephone: (415) 391-4800 

Facsimile: (415) 989-1663

Attorneys for Plaintiffs

RISING TIDE I, LLC and RISING TIDE II,

LLC

SEYFARTH SHAW LLP

Gregory A. Markel (Bar No. GM 5626)

gmarkel@seyfarth.com

Heather E. Murray (NY Bar No. 5287099)

hmurray@seyfarth.com

[Pro hac vice to be submitted]

620 Eighth Avenue

New York, New York 10018

Telephone: (212) 218-5500

Facsimile: (212) 218-5526

SEYFARTH SHAW LLP

Giovanna A. Ferrari (SBN 229871)

gferrari@seyfarth.com

560 Mission Street, Suite 3100

San Francisco, California 94105

Telephone: (415) 397-2823

Facsimile: (415) 397-8549

Attorneys for Defendants

MICHAEL R. FITZSIMMONS, PETER LAI, 

CHRISTOPHER G. POWER, PETER J. 

GOETNER, CHRISTIAN BORCHER, 

ERNEST D. DEL, MARC S. YI, JAMES C. 

PETERS, and SOUHEIL S. BADRAN

ROPES & GRAY LLP

Rocky C. Tsai (SBN 221452)

rocky.tsai@ropesgray.com

Three Embarcadero Center, Suite 300

San Francisco, CA 94111-4006

Telephone: (415) 315-6358

Facsimile: (415) 315-6350

Attorney for Defendant

DAVID COWAN

Case 3:17-cv-01232-EDL Document 25 Filed 06/26/17 Page 1 of 6
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Joint Stipulation to: (1) Extend Briefing Schedule on Motions to Dismiss, (2) Continue Hearing on 

Motions to Dismiss, and (3) Continue Case Management Conference; [Proposed] Order; 

Case No.: 17-cv-00851 EDL, Related Case No. 17-cv-1232 EDL

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

JOHN E. ABDO, as Trustee of the JOHN E. 

ABDO TRUS DATED JUNE 11, 2014, and 

JOHN E. ABDO, as Trustee of the JOHN E. 

ABDO TRUST DATED MARCH 15, 1976,

Plaintiffs,

v.

MICHAEL R. FITZSIMMONS, PETER LAI, 

CHRISTOPHER G. POWER, PETER J. 

GOETNER, CHRISTIAN BORCHER, 

ERNEST D. DEL, MARC S. YI, JAMES C. 

PETERS, and SOUHEIL S. BADRAN,

Defendants.

)

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Case No. 17-cv-00851 EDL

[Related Case No. 17-cv-1232 EDL]

JOINT STIPULATION TO: (1) 

EXTEND BRIEFING SCHEDULE ON 

MOTIONS TO DISMISS, (2) 

CONTINUE HEARING ON MOTIONS 

TO DISMISS, AND (3) CONTINUE 

INITIAL CASE MANAGEMENT 

CONFERENCE; [PROPOSED] ORDER

Pursuant to Fed. R. Civ. P. 6(b)(1) and Civil L.R. 6-1, 6-2, and 7-12, the parties to the 

above-entitled action, and Related Case No. 17-cv-1232 EDL, by and through their undersigned 

counsel, hereby stipulate and agree as follows:

WHEREAS, on February 21, 2017, Plaintiffs filed their Complaint for Violation of 

Federal Securities Laws, Intentional Misrepresentation, and Negligent Misrepresentation (the 

“Complaint”) (Dkt. 1);

WHEREAS, on March 15, 2017, the Court entered its order relating the case entitled 

Rising Tide I, LLC, et al. v. Michael Fitzsimmons, et al, filed in this Court and bearing Case 

Number 4:17-cv-1232 KAW (the “Related Case”) to this case (Dkt. 11);

WHEREAS, all defendants in this action are also named defendants in the Related Case, 

(Related Case Dkt. 1), and defendant David Cowan is an additional named defendant in the 

Related Case but not the Abdo action (collectively, the “Defendants”);

___________ AS AMENDED

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Joint Stipulation to: (1) Extend Briefing Schedule on Motions to Dismiss, (2) Continue Hearing on 

Motions to Dismiss, and (3) Continue Case Management Conference; [Proposed] Order; 

Case No.: 17-cv-00851 EDL, Related Case No. 17-cv-1232 EDL

WHEREAS, Defendants’ Motion to Disqualify Stearns Weaver Miller Weissler Alhadeff 

& Sitterson, P.A. (“SWMWAS”) is fully briefed and is set for hearing on June 27, 2017, at 9:00 

a.m; 

WHEREAS, Plaintiffs’ oppositions to Defendants’ Motions to Dismiss are due on June 

30, 2017;

WHEREAS, the parties have agreed to extend the briefing schedule on the Motions to 

Dismiss in light of the pending Motion to Disqualify SWMWAS, continue the hearing on the 

Motions to Dismiss, and continue the Initial Case Management Conference (“CMC”);

WHEREAS, none of the proposed date changes will affect any other dates in these cases;

WHEREAS, the parties previously stipulated to and requested the Court issue an order 

extending the responsive pleading briefing deadlines and hearing date, as well as the date for the 

Case Management Conference in this action (Dkt. 12) and this Court granted that stipulated 

request on April 5, 2017 (Dkt. 13);

WHEREAS, counsel for Defendant David Cowan subsequently made his formal 

appearance and advised that he would be out of the country on the previously scheduled hearing 

date (Dkt. 15); 

WHEREAS, a motion was subsequently filed to initiate Federal Bankruptcy Rule 2004

examinations of nine of the ten Defendants, as well as a broad request under Rule 2004 for 

documents that included discovery on matters related to the issues in these cases before this 

Court (Dkt. 17-1, ¶ 8);

WHEREAS, because the Rule 2004 proceedings were expected to take a significant 

amount of counsel’s time, the parties requested an extension of the time to file responsive 

pleadings, the briefing schedule on the motion to dismiss, and for the CMC on May 1, 2017 

(Dkt. 17); and 

WHEREAS, the joint stipulation was granted on May 2, 2017 (Dkt. 18).

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Joint Stipulation to: (1) Extend Briefing Schedule on Motions to Dismiss, (2) Continue Hearing on 

Motions to Dismiss, and (3) Continue Case Management Conference; [Proposed] Order; 

Case No.: 17-cv-00851 EDL, Related Case No. 17-cv-1232 EDL

NOW THEREFOR, the parties hereby stipulate and agree that:

(1) Plaintiffs in this matter (17-cv-00851 EDL) and Related Case No. 17-cv-1232 

EDL shall file their Oppositions to the Abdo case Defendants’ Motions to Dismiss 

(Dkt. Nos. 21, 22) and the Related Case Defendants’ Motions to Dismiss (Related 

Case Dkt. Nos. 19, 20, 22, 23), respectively, no later than July 11, 2017;

(2) Defendants’ Replies in support of Defendants’ Motions to Dismiss shall be filed 

no later than August 9, 2017; and

(3) The hearing on Defendants’ Motions to Dismiss shall be continued to August 22, 

2017 at 2:00 p.m., or the first available date thereafter.

The Parties FURTHER STIPULATE AND AGREE and respectfully request that the 

Court continue the currently scheduled CMC to August 22, 2017, to coincide with the hearing on 

Defendants’ Motions to Dismiss.

IT IS SO STIPULATED.

DATED: June 23, 2017 STEARNS WEAVER MILLER WEISSLER 

ALHADEFF & SITTERSON PA

By

Eugene E. Stearns

Jason P. Hernandez

TAYLOR & PATCHEN, LLP

Jonathan A. Patchen

Max Baba Twine

Attorneys for Plaintiffs John E. Abdo, as 

Trustee of the John E. Abdo Trust Dated June 

11, 2014, and John E. Abdo, as Trustee of the 

John E. Abdo Trust Dated March 15, 1976

/s/ Jason P. Hernandez

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Joint Stipulation to: (1) Extend Briefing Schedule on Motions to Dismiss, (2) Continue Hearing on 

Motions to Dismiss, and (3) Continue Case Management Conference; [Proposed] Order; 

Case No.: 17-cv-00851 EDL, Related Case No. 17-cv-1232 EDL

DATED: June 23, 2017

DATED: June 23, 2017

DATED: June 23, 2017

COBLENTZ PATCH DUFFY & BASS LLP 

By

 Rees F. Morgan

 Andrew Schalkwyk

Attorneys for Plaintiffs Rising Tide I, LLC and 

Rising Tide II, LLC

SEYFARTH SHAW LLP

By

Giovanna A. Ferrari

Gregory A. Markel

Heather E. Murray

Attorneys for Defendants Michael R. 

Fitzsimmons, Peter Lai, Christopher G. Power, 

Peter J. Goetner, Christian Borcher, Ernest D. 

Del, Marc S. Yi, James C. Peters, and Souheil 

S. Badran

ROPES & GRAY LLP

By

 Rocky Tsai

Attorney for Defendant David Cowan

Filer’s attestation: Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, Jason P. Hernandez 

hereby attests that concurrence in the filing of this document has been obtained from each of the 

other signatories.

/s/ Gregory A. Markel

/s/ Rocky Tsai

/s/ Rees F. Morgan

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Joint Stipulation to: (1) Extend Briefing Schedule on Motions to Dismiss, (2) Continue Hearing on 

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Case No.: 17-cv-00851 EDL, Related Case No. 17-cv-1232 EDL

[PROPOSED] ORDER

Having reviewed the Stipulation of the parties and their attorneys of record, and good 

cause appearing therefor:

IT IS HEREBY ORDERED that, pursuant to the parties’ stipulation:

(1) Plaintiffs in this matter (17-cv-00851 EDL) and Related Case No. 17-cv-1232 

EDL shall file their Oppositions to the Abdo case Defendants’ Motion to Dismiss 

(Dkt. Nos. 21, 22) and the Related Case Defendants’ Motions to Dismiss (Related 

Case Dkt. Nos. 19, 20, 22, 23), respectively, no later than July 11, 2017;

(2) Defendants’ Replies in support of Defendants’ Motions to Dismiss shall be filed 

no later than August 9, 2017;

(3) The hearing on Defendants’ Motions to Dismiss shall be continued to August 22, 

2017 at 2:00 p.m., or the first available date thereafter; and

(4) The Initial Case Management Conference currently set for August 8, 2017 shall 

be continued to August 22, 2017, or the first available date thereafter to coincide 

with the hearing on the Motions to Dismiss.

IT IS SO ORDERED

DATED: June ____, 2017

HON. ELIZABETH D. LAPORTE

UNITED STATES MAGISTRATE JUDGE

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