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

Filing 30

STIPULATION and ORDER 29 signed by Judge Frank C. Damrell, Jr on 7/1/2010 ORDERING the time for Defendants Metropolitan West Securities LLC and Wachovia Bank, N.A. to answer the Complaint shall be extended until July 9, 2010. The parties shall file a joint status (pretrial scheduling) conference statement on or before July 30, 2010.(Matson, R)

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

Doc. 30

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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] 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 Wells Fargo Bank, N.A., successor by merger to 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 AN ANSWER 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 AN ANSWER Dockets.Justia.com

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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 this Court's Order of June 21, 2010, pursuant to Stipulation of the parties permitted Wachovia until July 2, 2010 to file a responsive pleading and for the parties to file a joint status (pretrial scheduling) conference statement within twenty-one days of Wachovia putting the case at issue by filing an answer; WHEREAS Counsel for Wachovia, Mr. Jesse Miller is an officer in the California Army National Guard, and service requirements related to recent events in the State, have or may interfere with his involvement in the case through July 5, 2010; WHEREAS Wachovia has determined that it will Answer the Complaint, rather than file a motion to dismiss or some other responsive pleading; NOW, THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff California
No.: S-10-291 FCD (GGH) ­2­ STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO FILE AN ANSWER

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REED SMITH LLP

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A limited liability partnership formed in the State of Delaware

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,

N.A. to answer the Complaint shall be extended until July 9, 2010. 2. The parties shall file a joint status (pretrial scheduling) conference statement on or

before July 30, 2010.

IT IS SO STIPULATED: DATED: June __, 2010. REED SMITH LLP

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 1, 2010 IT IS SO ORDERED:
DATED: June __, 2010

By

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 AN ANSWER