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

Filing 81

STIPULATION and ORDER 80 signed by Judge Garland E. Burrell, Jr., on 10/28/11 ORDERING that the Status (Pretrial Scheduling) Conference is CONTINUED to 1/30/2012 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.(Kastilahn, 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: November 14, 2011
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 June 6, 2011 the Court issued an Order setting a Status (Pretrial

Scheduling) Conference for November 14, 2011.
2.

WHEREAS, on October 3, 2011 Plaintiff filed its Second Amended Complaint in

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this action which includes claims under the federal securities laws.
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3.

WHEREAS, certain Specially Appearing Defendants, after review of the Second

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Amended Complaint, have determined that they will file a motion (or motions) to dismiss the

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Second Amended Complaint on various grounds and said motions shall be scheduled for hearing

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on December 19, 2011,

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4.

motions may be filed and served on or before November 14, 2011.

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WHEREAS, the parties have agreed that Specially Appearing Defendants‟

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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‟
motions to dismiss.
6.

WHEREAS, Plaintiff and Specially Appearing Defendants respectfully submit

that, in light of the PLSRA stay, the Court should defer consideration of all discovery and
litigation deadlines until the issues identified in the motions to dismiss have been addressed by
the Court, such that the case is either dismissed, or, alternatively, the pleadings resolved and the

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case is at issue and that a continuance of the Status (Pretrial Scheduling) Conference by

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approximately another sixty (60) days will conserve the resources of the parties and the Court and

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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:

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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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1.

That the Status (Pretrial Scheduling) Conference, presently set for November 14,

2011, be continued approximately 60 days to January 16, 2012.
IT IS SO STIPULATED.

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Dated: October 28, 2011

SULLIVAN JOHNSON LLP

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By /S/ Daniel A. Johnson (authorized 10/28/11)
DANIEL A. JOHNSON
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC

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Dated: October 28, 2011

DLA PIPER LLP (US)

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By /S/ Todd M. Noonan (authorized 10/28/11)
TODD M. NOONAN
Attorneys for Defendants
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 November 14, 2011, is

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continued to January 30, 2012, at 9:00 a.m. A joint status report shall be filed fourteen days prior

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to the hearing.

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Date: 10/28/2011

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge 61khh4bb

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-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