Federal Energy Regulatory Commission v. Barclays Bank PLC et al

Filing 80

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/30/15: HEARING as to 44 Motion to Dismiss continued until 2/26/2015 at 02:30 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Kaminski, H)

1 FEDERAL ENERGY REGULATORY COMMISSION
WESLEY J. HEATH
2 [e-mail]
EMILY C. SCRUGGS
3 [e-mail]
MARIA CRISTINA MELENDEZ
4 [e-mail]
Office of Enforcement
5 888 1st Street, N.E.
Washington, DC 20426
6 Telephone:
[phone]
7 Attorneys for FEDERAL ENERGY
REGULATORY COMMISSION
8
Please see continuation page for a complete
9 list of the parties and their respective counsel.
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FEDERAL ENERGY REGULATORY
14 COMMISSION,
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)
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Petitioner,
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v.
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BARCLAYS BANK PLC; DANIEL BRIN;
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SCOTT CONNELLY; KAREN LEVINE; and )
RYAN SMITH,
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Respondents.
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JOINT STIPULATED REQUEST
TO CONTINUE MOTION TO DISMISS
HEARING DATE AND ORDER

CASE NO.: 2:13-cv-02093-TLN-DAD
JOINT STIPULATED REQUEST TO
CONTINUE HEARING DATE ON
DEFENDANTS’ MOTION TO DISMISS
AND ORDER
Current Hearing Date: February 12, 2015
Proposed Hearing Date: February 26, 2015
Presiding:
Hon. Troy L. Nunley
Courtroom:
2, 15th Floor
Trial Date:
None Set

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CONTINUATION SHEET: COUNSEL FOR DEFENDANTS

2 THOMAS J. NOLAN (SBN 66992)
[e-mail]
3 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
300 South Grand Avenue
4 Los Angeles, California 90071-3144
Telephone:
[phone]
5 Facsimile: [phone]
6 JAY B. KASNER (Admitted Pro Hac Vice)
[e-mail]
7 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
Four Times Square
8 New York, New York 10036
Telephone: [phone]
9 Facsimile: [phone]
10 PATRICK FITZGERALD (Admitted Pro Hac Vice)
[e-mail]
11 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
155 North Wacker Drive
12 Chicago, Illinois 60606
Telephone: [phone]
13 Facsimile: [phone]
14 JOHN N. ESTES III (Admitted Pro Hac Vice)
[e-mail]
15 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
1440 New York Avenue, N.W.
16 Washington, D.C. 20005
Telephone: [phone]
17 Facsimile: [phone]
18 GREGORY A. MARKEL (Admitted Pro Hac Vice)
[e-mail]
19 CADWALADER, WICKERSHAM & TAFT LLP
One World Financial Center
20 New York, New York 10281
Telephone: [phone]
21 Facsimile: [phone]
22 PAUL J. PANTANO JR. (Admitted Pro Hac Vice)
[e-mail]
23 JODI L. AVERGUN (Admitted Pro Hac Vice)
[e-mail]
24 CADWALADER, WICKERSHAM & TAFT LLP
700 Sixth Street, N.W.
25 Washington, D.C. 20001
Telephone: [phone]
26 Facsimile: [phone]
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JOINT STIPULATED REQUEST
TO CONTINUE MOTION TO DISMISS
HEARING DATE AND ORDER

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CONTINUATION SHEET: COUNSEL FOR DEFENDANTS

2 SETH P. WAXMAN (Admitted Pro Hac Vice)
[e-mail]
3 DAN M. BERKOVITZ (Admitted Pro Hac Vice)
[e-mail]
4 JONATHAN G. CEDARBAUM (Admitted Pro Hac Vice)
[e-mail]
5 HEATHER M. ZACHARY (Admitted Pro Hac Vice)
[e-mail]
6 WILMER CUTLER PICKERING HALE AND DORR LLP
1875 Pennsylvania Avenue, N.W.
7 Washington, D.C. 20006
Telephone: [phone]
8 Facsimile: [phone]
9 MARK C. KALPIN (Admitted Pro Hac Vice)
[e-mail]
10 WILMER CUTLER PICKERING HALE AND DORR LLP
60 State Street
11 Boston, Massachusetts 02109
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Defendant BARCLAYS BANK PLC
14 SUSAN L. GERMAISE (SBN 176595)
[e-mail]
15 McGUIREWOODS LLP
1800 Century Park East, 8th Floor
16 Los Angeles, California 90067
Telephone: [phone]
17 Facsimile: [phone]
18 TODD MULLINS (Admitted Pro Hac Vice)
[e-mail]
19 McGUIREWOODS LLP
2001 K Street, N.W.
20 Washington, D.C. 20006-1040
Telephone: [phone]
21 Facsimile: [phone]
22 ALLISON D. CHARNEY (Admitted Pro Hac Vice)
[e-mail]
23 McGUIREWOODS LLP
1345 Avenue of the Americas, 7th Floor
24 New York, New York 10105
Telephone: [phone]
25 Facsimile: [phone]
26 Attorneys for Defendants DANIEL BRIN
and SCOTT CONNELLY
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JOINT STIPULATED REQUEST
TO CONTINUE MOTION TO DISMISS
HEARING DATE AND ORDER

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CONTINUATION SHEET: COUNSEL FOR DEFENDANTS

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3 MICHAEL L. SPAFFORD (Admitted Pro Hac Vice)
[e-mail]
4 J. BUB WINDLE (Admitted Pro Hac Vice)
[e-mail]
5 PAUL HASTINGS LLP
875 15th Street, N.W.
6 Washington, D.C. 20005
Telephone: [phone]
7 Facsimile: [phone]
8 Attorneys for Defendants KAREN LEVINE
and RYAN SMITH
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JOINT STIPULATED REQUEST
TO CONTINUE MOTION TO DISMISS
HEARING DATE AND ORDER

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The Federal Energy Regulatory Commission (“FERC”), on the one hand, and Barclays

2 Bank PLC (“Barclays”), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (collectively,
3 the Individual Traders), on the other hand, (together the “Parties”) by and through their respective
4 counsel, hereby stipulate and agree as follows:
5

WHEREAS, FERC filed a “Petition For An Order Affirming The Federal Energy

6 Regulatory Commission’s July 16, 2013 Order Assessing Civil Penalties Against Barclays Bank
7 PLC, Daniel Brin, Scott Connelly, Karen Levine, And Ryan Smith” (the “Petition”) in this action
8 on October 9, 2013;
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WHEREAS, Barclays and the Individual Traders filed Motions (A) to Dismiss for

10 Improper Venue, or in the Alternative, to Transfer to the Southern District of New York; and (B) to
11 Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (the “Motion to Dismiss”)
12 in this action on December 16, 2013;
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WHEREAS, FERC filed an Opposition to the Motion to Dismiss on February 14, 2014 and

14 Barclays and the Individual Traders filed a Reply in support of their Motion to Dismiss on March
15 21, 2014;
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WHEREAS, on January 21, 2015, the Court issued a Request for Oral Argument on the

17 Motion to Dismiss setting the hearing date for February 12, 2015 at 2:00 PM but invited the Parties
18 to confer and propose a different date to the Court if that date is not available for the Parties;
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WHEREAS, some but not all of the Individual Traders’ counsel are available to attend the

20 hearing in this matter scheduled for February 12, 2015;
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WHEREAS, counsel for Barclays has consulted with the Court and understands that the

22 Court is alternatively available to hear this matter on February 26, 2015 at 2:30 PM;
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WHEREAS, the parties’ have conferred and determined that counsel for all Parties are

24 available on February 26, 2015;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between

26 the Parties, through their undersigned counsel of record, subject to the approval of the Court, that
27 the hearing in this matter set for February 12, 2015 at 2:00 PM be continued until February 26,
28 2015 at 2:30 PM.
JOINT STIPULATED REQUEST
TO CONTINUE MOTION TO DISMISS
HEARING DATE AND ORDER

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IT IS SO STIPULATED.

2 DATED: January 28, 2015
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By: /s/ Wesley J. Heath (as authorized on 1/29/2015)
Wesley J. Heath
Attorneys for FEDERAL ENERGY REGULATORY
COMMISSION

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DATED: January 28, 2015
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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By:

/s/ Thomas J. Nolan
Thomas J. Nolan
Attorneys for BARCLAYS BANK PLC

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11 DATED: January 28, 2015
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CADWALADER, WICKERSHAM & TAFT LLP

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By:

/s/ Gregory A. Markel (as authorized on 1/28/2015)
Gregory A. Markel
Attorneys for BARCLAYS BANK PLC

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16 DATED: January 28, 2015
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WILMER CUTLER PICKERING HALE AND DORR LLP

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By:

/s/ Seth P. Waxman (as authorized on 1/28/2015)
Seth P. Waxman
Attorneys for BARCLAYS BANK PLC

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21 DATED: January 28, 2015
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McGUIREWOODS LLP

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By:

/s/ Todd Mullins (as authorized on 1/28/2015)
Todd Mullins
Attorneys for DANIEL BRIN and SCOTT CONNELLY

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JOINT STIPULATED REQUEST
TO CONTINUE MOTION TO DISMISS
HEARING DATE AND ORDER

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1 DATED: January 28, 2015
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PAUL HASTINGS LLP

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By: /s/ Michael L. Spafford (as authorized on 1/28/2015)
Michael L. Spafford
Attorneys for KAREN LEVINE and RYAN SMITH

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JOINT STIPULATED REQUEST
TO CONTINUE MOTION TO DISMISS
HEARING DATE AND ORDER

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ORDER
Pursuant to the stipulation of the parties, and for good cause appearing, it is hereby

3 ORDERED that the hearing in this matter set for February 12, 2015 at 2:00 PM is continued until
4 February 26, 2015 at 2:30 PM.
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IT IS SO ORDERED.

6 Dated: January 30, 2015
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Troy L. Nunley
United States District Judge

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JOINT STIPULATED REQUEST
TO CONTINUE MOTION TO DISMISS
HEARING DATE AND ORDER