Vaughn et al v. Bay Environmental Management Inc et al

Filing 120

STIPULATION AND ORDER Continuing the Status Conference and Hearing on Plaintiffs' Motion for Class Certification from 9/11/09 to 9/25/09. Signed by Judge Samuel Conti on 8/26/09. (tdm, COURT STAFF) (Filed on 8/26/2009)

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MORGAN, LEWIS & BOCKIUS LLP NICOLE A. DILLER, State Bar No. 154842 D. WARD KALLSTROM, State Bar No. 076937 ANGEL T. LIN, State Bar No. 255682 One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] Attorneys for Defendants and Cross-Defendants BAY ENVIRONMENTAL MANAGEMENT INC., CAESAR NUTI, ESTATE OF PINA J. BARBIERI, and DENNIS VARNI IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JERRY VAUGHN and THERESA TRAVERS, Plaintiffs, v. BAY ENVIRONMENTAL MANAGEMENT INC., CAESAR NUTI, DENNIS VARNI, FSC SECURITIES CORPORATION, and JERROLD N. WEINBERG Defendants. FSC SECURITIES CORPORATION and JERROLD N. WEINBERG, Cross-Claimants, Case No. C03-5725 SC REVISED STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

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v.

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Cross-Defendants. BAY ENVIRONMENTAL MANAGEMENT INC., ESTATE OF PINA J. BARBIERI, CAESAR NUTI, DENNIS VARNI,

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DB2/21274104.3 REVISED STIPULATION AND [PROPOSED] ORDER CONT. STATUS CONF. AND PLAINTIFFS' MOTION FOR CLASS CERTIFICATION [CASE NO. C03-5725 SC]

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This Stipulation is made by and between Plaintiffs Jerry Vaughn and Theresa Travers ("Plaintiffs"), Defendants and Cross-Defendants Bay Environmental Management Inc., Caesar Nuti, and Dennis Varni and Cross-Defendant Estate of Pina J. Barbieri1 ("Bay Environmental Defendants"), and Defendants FSC Securities Corporation and Jerrold N. Weinberg ("FSC Defendants") (collectively, the "Parties"), by and through their respective counsel of record, with respect to the following facts: WHEREAS, on June 11, 2009, the Ninth Circuit Court of Appeals vacated the Court's order granting FSC Defendants' motion to dismiss, and remanded this action for further proceedings; WHEREAS, on July 10, 2009, the Court ordered that the status conference be continued to September 11, 2009, to be resumed simultaneously with Plaintiffs' motion to certify the class; WHEREAS, on August 7, 2009, Plaintiffs filed a motion to for class certification; WHEREAS, the deadline for Defendants' responsive briefs is August 21, 2009; WHEREAS, the deadline for Defendants' responses to Plaintiffs' outstanding written discovery requests is August 21, 2009; WHEREAS, Defendants must conduct further investigation to determine whether they will oppose the class certification motion, in whole or in part; WHEREAS, the Parties to this case are actively engaging in discussions regarding the proper definition of the class; WHEREAS, Defendants believe that their responses to Plaintiffs' written discovery requests will allow for a more productive discussion; and WHEREAS, the Parties have agreed, and respectfully submit, that the status conference and hearing on Plaintiffs' motion for class certification should be continued for one week in order to allow productive discussions regarding class certification; /// /// ///
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Pina Barbieri, named as a Defendant herein, passed away several years ago. See Docket No. 36.

DB2/21274104.3

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REVISED STIPULATION AND [PROPOSED] ORDER CONT. STATUS CONF. AND PLAINTIFFS' MOTION FOR CLASS CERTIFICATION [CASE NO. C03-5725 SC]

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE THAT: The status conference and hearing on Plaintiffs' motion for class certification shall be continued for one (1) week, from September 11, 2009 to September 18, 2009. The deadline for responding to Plaintiffs' motion for class certification will be August 28, 2009. IT IS SO STIPULATED. DATED: August 25, 2009 MORGAN, LEWIS & BOCKIUS LLP

By:

/s/ D. Ward Kallstrom D. Ward Kallstrom Nicole A. Diller Angel T. Lin One Market, Spear Street Tower San Francisco, CA 94105-1126 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants and CrossDefendants BAY ENVIRONMENTAL MANAGEMENT INC., CAESAR NUTI, ESTATE OF PINA BARBIERI and DENNIS VARNI

I, D. Ward Kallstrom, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER. In compliance with General Order 45, X.B., I hereby attest that each of the signatories identified below has concurred in this filing.

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DB2/21274104.3

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REVISED STIPULATION AND [PROPOSED] ORDER CONT. STATUS CONF. AND PLAINTIFFS' MOTION FOR CLASS CERTIFICATION [CASE NO. C03-5725 SC]

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DATED: August 25, 2009 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP

By:

/s/ Bernard Gehlhar Bernard Gehlhar Emily Wood 525 Market Street, 17th Floor San Francisco, CA 94105 Tel. [phone] Fax: [phone] Attorneys for Co-Defendants FSC SECURITIES CORPORATION and JERROLD N. WEINBERG

DATED: August 25, 2009 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C.

By:

/s/ Teresa Renaker Teresa Renaker Lindsay Nako 1330 Broadway, Suite 1800 Oakland, CA 94612 Tel. [phone] Fax: [phone] Attorneys for Plaintiffs JERRY VAUGHN and THERESA TRAVERS

ORDER PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: The continued status conference and hearing (if necessary) on Plaintiffs' motion for class certification will be conducted on September 18, 2009. The deadline for responding to Plaintiffs' motion for class certification will be August 28, 2009.
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SO ORDERED.

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C N F D IS T IC T O R REVISED STIPULATION AND [PROPOSED] ORDER CONT. STATUS CONF. AND PLAINTIFFS' MOTION FOR CLASS CERTIFICATION [CASE NO. C03-5725 SC]
DB2/21274104.3

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Hon. Samuel Contiamuel Conti Judge S United States District Judge
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August 26 DATED: ______________, 2009

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