MVP Asset Management (USA) LLC v. Vestbirk, et al

Filing 124

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 6/11/2012 ORDERING that the Status (Pretrial Scheduling) Conference, presently set for 6/25/2012, is CONTINUED to 9/17/2012. A joint status report shall be filed fourteen days prior to the hearing. (Zignago, K.)

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SULLIVAN JOHNSON LLP
DANIEL M. SULLIVAN (SBN 132878)
DANIEL A. JOHNSON (SBN 130724)
23480 Park Sorrento, Suite 250
Calabasas, CA 91302
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC

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GEORGE L. O„CONNELL (SBN 74037)
TODD M. NOONAN (SBN 172962)
DLA PIPER LLP (US)
400 Capitol Mall, Suite 2400
Sacramento, CA 95814-4428
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
[listed on signature page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MVP ASSET MANAGEMENT (USA) LLC, a
Delaware Limited Liability Company,

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

Plaintiff,

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CASE NO. 2:10-cv-02483-GEB-CMK

v.
STEVEN VESTBIRK, et al.,

Date: June 25, 2012
Time: 9:00 a.m.
Dept: Courtroom 10
Judge: Honorable Garland E. Burrell, Jr.

Defendants.

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DLA P IPER LLP (US)
SACRA M E NT O

-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS (PRETRIAL
SCHEDULING) CONFERENCE - CASE NO. 2:10-CV-02483-GEB-CMK

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1.

WHEREAS, on January 18, 2012 the Court issued an Order setting a Status

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(Pretrial Scheduling) Conference for June 25, 2012;
2.

WHEREAS, on January 17, 2012 Plaintiff filed its Third Amended Complaint in

this action which includes claims under the federal securities laws.;

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3.

WHEREAS, certain Specially Appearing Defendants have filed motions to dismiss

the Third Amended Complaint on various grounds and said motions are scheduled for hearing on
June 18, 2012;
4.

WHEREAS, under PLSRA (15 U.S.C. § 78u-4(b)(3)) “all discovery and other

proceedings” in this matter are stayed pending resolution of Specially Appearing Defendants‟

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motions to dismiss;
5.

WHEREAS, Plaintiff and Specially Appearing Defendants respectfully submit

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that, in light of the PLSRA stay, the Court should defer consideration of all discovery and

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litigation deadlines until the issues identified in the motions to dismiss have been addressed by

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the Court, such that the case is either dismissed, or, alternatively, the pleadings resolved and the

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case is at issue;
6.

WHEREAS, Plaintiff and Specially Appearing Defendants respectfully submit

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that, in light of the PLSRA stay and that a continuance of the Status (Pretrial Scheduling)

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Conference by approximately another sixty (60) days will conserve the resources of the parties

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and the Court and promote judicial economy by allowing time for the Court to address the

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motions to dismiss;
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DLA P IPER LLP (US)
SACRA M E NT O

-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS (PRETRIAL
SCHEDULING) CONFERENCE - CASE NO. 2:10-CV-02483-GEB-CMK

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NOW, THEREFORE, Plaintiff and Specially Appearing Defendants, by and through their
respective counsel of record, hereby stipulate as follows:

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1.

That the Status (Pretrial Scheduling) Conference, presently set for June 25, 2012

be continued approximately 60 days to a date on or about August 27, 2012.
IT IS SO STIPULATED.
Dated: June 11, 2012

SULLIVAN JOHNSON LLPBy /S/ Daniel A. Johnson
(authorized 6/11/12)
DANIEL A. JOHNSON
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC

Dated: June 11, 2012

DLA PIPER LLP (US)By /S/ Todd M. Noonan
(authorized 6/11/12)
TODD M. NOONAN
Attorneys for Defendants
STEVEN VESTBIRK, JEFF BALLIET, ALLISON
HANSLIK, ARK ROYAL ASSET
MANAGEMENT, LTD.; VESTBIRK CAPITAL
MANAGEMENT, LTD.; ARK ROYAL ASSET
MANAGEMENT, LLC; ARK DISCOVERY, LLC;
ARK ROYAL HOLDINGS, LLC; ARK ROYAL
SERVICES, LLC; ARK ROYAL CAPITAL, LLC;
ARK ROYAL CAPITAL FUNDING, LLC; ARK
ROYAL CAPITAL, INC.; ARK ROYAL
RESOURCES, LLC; ARK ROYAL ASSURANCE
LLC; ARK ROYAL INVESTMENTS, LLC

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ORDER

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The Status (Pretrial Scheduling) Conference, presently set for June 25, 2012, is continued
to September 17, 2012. A joint status report shall be filed fourteen days prior to the hearing.

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IT IS SO ORDERED.

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Date: 6/11/2012

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Signature-END:

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DLA P IPER LLP (US)
SACRA M E NT O

-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS (PRETRIAL
SCHEDULING) CONFERENCE - CASE NO. 2:10-CV-02483-GEB-CMK