MVP Asset Management (USA) LLC v. Vestbirk, et al
Filing
144
STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/26/12 ORDERING that the Status (Pretrial Scheduling) Conference, presently set for 12/10/12, is CONTINUED to 3/18/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed fourteen days prior to the hearing. (Mena-Sanchez, L)
1
2
3
4
5
SULLIVAN JOHNSON LLP
DANIEL M. SULLIVAN (SBN 132878)
DANIEL A. JOHNSON (SBN 130724)
23480 Park Sorrento, Suite 250
Calabasas, CA 91302
Telephone: (818) 591-9700
Facsimile: (818) 591-9707
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC
6
7
8
9
10
11
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: 916.930.3200
Fax: 916.930.3201
Attorneys for Defendants
[listed on signature page]
12
13
UNITED STATES DISTRICT COURT
14
EASTERN DISTRICT OF CALIFORNIA
15
16
17
MVP ASSET MANAGEMENT (USA) LLC, a
Delaware Limited Liability Company,
20
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE STATUS
(PRETRIAL SCHEDULING)
CONFERENCE
Plaintiff,
18
19
CASE NO. 2:10-cv-02483-GEB-CMK
v.
STEVEN VESTBIRK, et al.,
Date: December 10, 2012
Time: 9:00 a.m.
Dept: Courtroom 10
Judge: Honorable Garland E. Burrell, Jr.
Defendants.
21
22
23
24
25
26
27
1.
WHEREAS, on August 29, 2012 the Court issued an Order setting a Status
(Pretrial Scheduling) Conference for December 10, 2012;
2.
WHEREAS, on July 23, 2012 Plaintiff filed its Fourth Amended Complaint in this
action which includes claims under the federal securities laws;
28
DLA P IPER LLP (US)
SACRA M E NT O
-1WEST\239880202.1
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS (PRETRIAL
SCHEDULING) CONFERENCE - CASE NO. 2:10-CV-02483-GEB-CMK
1
3.
WHEREAS, certain Specially Appearing Defendants have filed motions to dismiss
2
the Fourth Amended Complaint on various grounds and said motions were taken under
3
submission by this Court on October 4, 2012;
4
4.
WHEREAS, under PLSRA (15 U.S.C. § 78u-4(b)(3)) “all discovery and other
5
proceedings” in this matter are stayed pending resolution of Specially Appearing Defendants’
6
motions to dismiss;
7
5.
WHEREAS, Plaintiff and Specially Appearing Defendants respectfully submit
8
that, in light of the PLSRA stay, the Court should defer consideration of all discovery and
9
litigation deadlines until the issues identified in the motions to dismiss have been addressed by
10
the Court, such that the case is either dismissed, or, alternatively, the pleadings resolved and the
11
case is at issue;
12
6.
WHEREAS, Plaintiff and Specially Appearing Defendants respectfully submit
13
that, in light of the PLSRA stay, a continuance of the Status (Pretrial Scheduling) Conference by
14
approximately another ninety (90) days will conserve the resources of the parties and the Court
15
and promote judicial economy by allowing time for the Court to address the motions to dismiss;
16
17
18
19
20
NOW, THEREFORE, Plaintiff and Specially Appearing Defendants, by and through their
respective counsel of record, hereby stipulate as follows:
1.
That the Status (Pretrial Scheduling) Conference, presently set for December 10,
2012 be continued approximately 90 days to a date on or about March 11, 2013.
IT IS SO STIPULATED.
21
22
Dated: November 26, 2012
SULLIVAN JOHNSON LLP
23
24
By /S/ Daniel A. Johnson (authorized 11/26/12)
DANIEL A. JOHNSON
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC
25
26
27
28
DLA P IPER LLP (US)
SACRA M E NT O
-2WEST\239880202.1
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS (PRETRIAL
SCHEDULING) CONFERENCE - CASE NO. 2:10-CV-02483-GEB-CMK
1
Dated: November 26, 2012
DLA PIPER LLP (US)
2
3
By /S/ Todd M. Noonan
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
4
5
6
7
8
9
10
ORDER
11
12
The Status (Pretrial Scheduling) Conference, presently set for December 10, 2012, is
13
continued to March 18, 2013, at 9:00 a.m. A joint status report shall be filed fourteen days prior
14
to the hearing.
15
16
IT IS SO ORDERED.
Date: 11/26/2012
17
18
___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge
19
20
DEAC_Signature-END:
21
22
61khh4bb
23
24
25
26
27
28
DLA P IPER LLP (US)
SACRA M E NT O
-3WEST\239880202.1
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS (PRETRIAL
SCHEDULING) CONFERENCE - CASE NO. 2:10-CV-02483-GEB-CMK
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?