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

Filing 146

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/5/13 CONTINUING Status Conference to 6/10/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed 14 days prior to the hearing. (Meuleman, A) Modified on 3/6/2013 (Meuleman, A).

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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: March 18, 2013
Time: 9:00 a.m.
Dept: Courtroom 10
Judge: Honorable Garland E. Burrell, Jr.

Defendants.

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1.

WHEREAS, on November 27, 2012, the Court issued an Order setting a Status

(Pretrial Scheduling) Conference for March 18, 2013;
2.

WHEREAS, on July 23, 2012, Plaintiff filed its Fourth Amended Complaint in

this action which includes claims under the federal securities laws;

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

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

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3.

WHEREAS, certain Specially Appearing Defendants filed motions to dismiss the

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Fourth Amended Complaint on various grounds and said motions were taken under submission

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by the Court on October 4, 2012, and remain under submission as of this filing;

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4.

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

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

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motions to dismiss;

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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;

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6.

WHEREAS, Plaintiff and Specially Appearing Defendants respectfully submit

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

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approximately another ninety (90) days will conserve the resources of the parties and the Court

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

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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 March 18, 2013

be continued approximately 90 days to a date on or about June 10, 2013.
IT IS SO STIPULATED.

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Dated: February 27, 2013

SULLIVAN JOHNSON LLP

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By /S/ Daniel A. Johnson (authorized 2/27/13)
DANIEL A. JOHNSON
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC

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

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

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Dated: February 27, 2013

DLA PIPER LLP (US)

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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

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ORDER

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The Status (Pretrial Scheduling) Conference, presently set for March 18, 2013, is

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continued to June 10, 2013, at 9:00 a.m. A joint status report shall be filed fourteen days prior to

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the hearing.

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IT IS SO ORDERED.

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Date: 3/5/2013

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___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

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61khh4bb

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

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