Wright v. RBC Capital Markets Corporation et al

Filing 42

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 7/12/10 ORDERING that the deadline for RBC to file its Answer to Wright's First Amended Complaint should be extended by 30 days. RBC's Answer to the First Amended Complaint will be filed no later than 8/13/10. The deadline for the Parties to file the Joint Pretrial Scheduling Conference Statement will be extended by 30 days. The Joint Pretrial Scheduling Conference Statement will be filed no later than 8/23/10. (Becknal, R)

Wright v. RBC Capital Markets Corporation et al

Doc. 42

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CAPTION ON FOLLOWING PAGE William P. Torngren, State Bar No. 58493 LAW OFFICES OF WILLIAM P. TORNGREN 117 "J" Street, #300 Sacramento, CA Tel: [phone] Fax: [phone] [e-mail] Scot D. Bernstein, State Bar No. 94915 LAW OFFICES OF SCOT D. BERNSTEIN A Professional Corporation 101 Parkshore Drive, Suite 100 Folsom, California 95630 Tel: [phone] Facsimile: [phone] [e-mail] Gail A. Glick, State Bar No. 174293 ALEXANDER KRAKOW + GLICK LLP 401 Wilshire Boulevard, Suite 1000 Santa Monica, California 90401 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiff CARL R. WRIGHT Rebecca D. Eisen, State Bar No. 96129 Alison B. Willard, State Bar No. 268672 Steven K. Ganotis, State Bar No. 234252 MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendant RBC CAPITAL MARKETS CORPORATION

Dockets.Justia.com

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THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

CARL R. WRIGHT, on behalf of himself, all others similarly situated, the general public, and as an "aggrieved employee" under the California Labor Code Private Attorneys General Act Plaintiff,

Case No. 2:09-cv-03601 FCD GGH JOINT STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO FILE ANSWER TO FIRST AMENDED COMPLAINT AND PARTIES TO FILE JOINT PRETRIAL SCHEDULING CONFERENCE STATEMENT BY 30 DAYS

RBC CAPITAL MARKETS CORPORATION, a corporation formerly doing business as RBC DAIN RAUSCHER INC., RBC DAIN RAUSCHER INC., RBC WEALTH MANAGEMENT; a division of RBC CAPITAL MARKETS CORPORATION, and DOES 1 through 50 inclusive, Defendants.

JOINT STIPULATION & ORDER CASE NO. 2:08-CV-2093-FCD-DAD

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 Defendant RBC Capital Markets Corporation ("RBC") and Plaintiff Carl R. Wright ("Wright") (collectively, the "Parties") submit the following Joint Stipulation and Proposed Order extending the time for RBC to file its Answer to Wright's First Amended Complaint and the time for the Parties to file the Joint Pretrial Scheduling Conference Statement by thirty (30) days while the Parties attempt to reach an agreement settle this action in its entirety. 1. Wright filed this putative class and representative action in the Sacramento County

Superior Court on November 17, 2009, alleging various violations of the California Labor Code. The action was removed to this Court on December 29, 2009 pursuant to the Class Action Fairness Act of 2005. 2. On January 29, 2010, RBC filed its partial motion to dismiss or stay Wright's First

Amended Complaint. RBC's motion was heard on June 4, 2010. On June 24, 2010, this Court issued its Memorandum and Order ("Order") staying Wright's fourth claim for relief and related derivative claims and dismissing Wright's first claim for relief and derivative claims under the first-to-file rule. 3. The Order provided that RBC would answer the remaining allegations in the First

Amended Complaint within twenty (20) days of the Order and that the Parties would file a Joint Pretrial Scheduling Conference Statement within thirty (30) days of the Order. 4. Based in part on the narrowing of issues and claims following the Court's Order,

the Parties are now engaged in settlement discussions and believe that there is a potential to reach an agreement to resolve this action in its entirety within the next thirty (30) days. 5. In order to avoid unnecessary attorneys' fees and costs associated with the

preparation and filing of RBC's Answer and the Joint Pretrial Scheduling Conference Statement and focus on resolving this action in a timely fashion, the Parties agree that the deadlines to file RBC's Answer and the Joint Pretrial Scheduling Conference Statement should be extended by thirty (30) days each. 6. Accordingly, the Parties agree that the deadline for RBC to file its Answer to

Wright's First Amended Complaint should be extended by thirty (30) days. RBC's Answer to the First Amended Complaint will be filed no later than August 13, 2010. The Parties further agree
JOINT STIPULATION & [PROPOSED] ORDER CASE NO. 2:09-CV-03601-FCD-GGH

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 Date: July 12, 2010
_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE
JOINT STIPULATION & ORDER CASE NO. 2:08-CV-2093-FCD-DAD

that the deadline to file the Joint Pretrial Scheduling Conference Statement will be extended by thirty (30) days. The Joint Pretrial Scheduling Conference Statement will be filed no later than August 23, 2010. Dated: July 12, 2010 MORGAN, LEWIS & BOCKIUS LLP By s/Steven K. Ganotis Alison B. Willard Steven K. Ganotis Attorneys for Defendants RBC CAPITAL MARKETS CORPORATION, RBC DAIN RAUSCHER INC., AND RBC WEALTH MANAGEMENT

Dated: July 12, 2010

LAW OFFICES OF WILLIAM P. TORNGREN By s/William P. Torngren William P. Torngren Attorneys for Wright CARL R. WRIGHT

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The Parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, it is hereby ordered that the deadline for RBC to file its Answer to Wright's First Amended Complaint should be extended by thirty (30) days. RBC's Answer to the First Amended Complaint will be filed no later than August 13, 2010. The deadline for the Parties to file the Joint Pretrial Scheduling Conference Statement will be extended by thirty (30) days. The Joint Pretrial Scheduling Conference Statement will be filed no later than August 23, 2010.