California Earthquake Authority v. Metropolitan West Securities LLC, et al

Filing 27

STIPULATION and ORDER 26 , signed by Judge Frank C. Damrell, Jr., on 6/21/10: The time for dfts Metropolitan West Securities LLC and Wachovia Bank, N.A. to file an answer to the Complaint is EXT until 7/2/10. The parties shall file a joint status (pretrial scheduling) conference statement within 21 days after the case has been put at issue by the filing of Metropolitan West Securities LLC and Wachovia Bank, N.A.'s Answer.(Kastilahn, A)

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A limited liability partnership formed in the State of Delaware

David C. Powell (SBN 129781) Email: [e-mail] Jesse L. Miller (SBN 183229) Email: [e-mail] Heather B. Hoesterey (SBN 201254) Email: [e-mail] Christopher C. Foster (SBN 253839) Email: [e-mail] REED SMITH LLP 101 Second Street, Suite 1800 San Francisco, CA 94105-3659 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Metropolitan West Securities, LLC and Wachovia Bank, N.A. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ SACRAMENTO DIVISION CALIFORNIA EARTHQUAKE AUTHORITY, Plaintiff, vs. METROPOLITAN WEST SECURITIES, LLC; WACHOVIA BANK, N.A.; and DOES 1 through 25, Defendants. No.: 2:10-CV-00291 FCD (GGH) STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING Date action removed: February 4, 2010 Trial date: None set

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REED SMITH LLP

No.: S-10-291 FCD (GGH) ­1­ STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING

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A limited liability partnership formed in the State of Delaware

WHEREAS the Verified Complaint for Damages, Restitution, Rescission, and Civil Penalties ("Complaint") in this Action was filed in Sacramento County Superior Court on December 31, 2009; WHEREAS simultaneous with the filing of the Complaint, Plaintiff California Earthquake Authority filed a Motion to Disqualify Munger, Tolles & Olson LLP as counsel for Defendants Metropolitan West Securities, LLC and Wachovia Bank, N.A. (collectively "Wachovia"); WHEREAS this Action was removed to this Court on February 4, 2010; WHEREAS on February 25, 2010, this Court entered an Order pursuant to the parties' stipulation extending the time for Wachovia to file a responsive pleading until forty-five days after the Court had issued its ruling on Plaintiff's Motion to Disqualify; WHEREAS on April 2, 2010, this Court entered an Order pursuant to the parties' stipulation extending the deadline for the parties to submit a Joint Status Report until twenty-one days after the case has been put at issue by the filing of Wachovia's Answer; WHEREAS Plaintiff's Motion to Disqualify was granted by this Court's Order of May 5, 2010; WHEREAS this Court's Order of May 5, 2010 stayed the Action for forty-five days to permit Wachovia to obtain new counsel and required the parties to submit a joint status (pretrial scheduling) conference statement within twenty days of the substitution of new counsel; WHEREAS Wachovia has recently retained the law firm of Reed Smith LLP to represent it in this action, and new counsel requires additional time in order to familiarize itself with the case and to prepare Wachovia's responsive pleading; NOW, THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff California Earthquake Authority and Defendants Metropolitan West Securities LLC and Wachovia Bank, N.A., through the undersigned counsel, as follows: 1. The time for Defendants Metropolitan West Securities LLC and Wachovia Bank,

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REED SMITH LLP

N.A. to answer, move against, or otherwise respond to the Complaint shall be extended until July 2, 2010.

No.: S-10-291 FCD (GGH) ­2­ STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING

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A limited liability partnership formed in the State of Delaware

2.

The parties shall file a joint status (pretrial scheduling) conference statement within

twenty days after the case has been put at issue by the filing of Metropolitan West Securities LLC and Wachovia Bank, N.A.'s Answer.

IT IS SO STIPULATED:

DATED: June __, 2010.

REED SMITH LLP

By

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DATED: June __, 2010

REED SMITH LLP

/s/ David C. Powell Jesse L. Miller Christopher C. Foster Attorneys for Defendants Metropolitan West Securities, LLC and Wachovia Bank, N.A.

STRUMWASSER & WOOCHER LLP By____/s/______________________________________ Michael J. Strumwasser Fredric D. Woocher Jonathan D. Krop

Attorneys for Plaintiff California Earthquake Authority

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

No.: S-10-291 FCD (GGH) ­3­ STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING