Chu v. Wells Fargo Investments LLC

Filing 81

STIPULATION AND ORDER extending mediation deadline to and including 3/31/2009; Signed by Judge Marilyn Hall Patel on 2/2/2009. (awb, COURT-STAFF) (Filed on 2/4/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LA W

DARYL S. LANDY, SBN 136288 BARBARA I. ANTONUCCI, SBN 209039 JULIA Y. TRANKIEM, SBN 228666 MORGAN, LEWIS & BOCKIUS LLP 2 Palo Alto Square 3000 El Camino Real, Suite 700 Palo Alto, CA 94306-2212 Tel: [phone] Fax: [phone] Attorneys for Defendant WELLS FARGO INVESTMENTS, LLC

H. TIM HOFFMAN, SBN 049141 ARTHUR W. LAZEAR, SBN 083603 MORGAN M. MACK, SBN 212659 HOFFMAN & LAZEAR 180 Grand Avenue, Suite 1550 Oakland, California 94612 Tel: [phone] Fax: [phone] Attorneys for Plaintiff JERRY CHU MATTHEW R. BAINER, SBN 220972 SCOTT COLE & ASSOCIATES, APC 1970 Broadway, 9th Floor Oakland, California 94612 Tel: [phone] Fax: [phone] Attorneys for Plaintiff ANDREA X. BULOW

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Plaintiffs JERRY CHU and ANDREA X. BULOW, individually, and on behalf of all others similarly situated, Plaintiffs, v. WELLS FARGO INVESTMENTS, LLC, Defendants. Case Nos. C-05-04526 MHP; C-06-07924 MHP Consolidated Action STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINES

28

DB2/20976129.2

Case No. C-05-04526 MHP
STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LA W

STIPULATION WHEREAS, on January 8, 2009, the Court issued an Order approving a stipulation between the parties that modified deadlines for completing private mediation; WHEREAS, according to the Court's January 8, 2009 Order, the deadline for completing private mediation was January 19, 2009; WHEREAS, the parties engaged in a full day private mediation session on January 19, 2009, in San Francisco; WHEREAS, although the parties made progress towards reaching a settlement, they were unable to come to an agreement; WHEREAS, the parties are continuing settlement discussions with the private mediator, believe that a further mediation session may be beneficial and effective, and have agreed to engage in an additional private mediation session to occur no later than March 31, 2009; WHEREAS, the parties will submit to the Court the proposed revised deadlines within ten (10) days of the mediation, if such mediation is unsuccessful; NOW, THEREFORE, Plaintiffs and WFI, through their undersigned respective counsel, stipulate and request that the Court vacate the existing mediation deadline of January 19, 2009, continue to stay the litigation proceedings until mediation has been completed, and extend the mediation deadline until March 31, 2009.

28

DB2/20976129.2

1

Case No. C-05-04526 MHP
STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINES

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LA W

To avoid prejudice to the parties and to facilitate possible settlement, GOOD CAUSE exists to modify the deadlines in this action as described herein. Dated: January 30, 2009 MORGAN LEWIS & BOCKIUS LLP By: /s/ Daryl Landy Daryl Landy Attorneys for Defendant WELLS FARGO INVESTMENTS, LLC Dated: January 30, 2009 HOFFMAN & LAZEAR By: /s/ Morgan Mack (as authorized on January 30, 2009) Morgan Mack Attorneys for Plaintiff JERRY CHU

Dated: January 30, 2009

SCOTT COLE & ASSOCIATES, APC By: /s/ Matthew R. Bainer (as authorized on January 30, 2009) Matthew R. Bainer Attorneys for Plaintiff ANDREA X. BULOW

ORDER In light of the foregoing STIPULATION of the parties, the Court ORDERS that the existing mediation deadline is extended to March 31, 2009. The Court further ORDERS that, within ten (10) days of the mediation, the parties will submit to the Court proposed revised deadlines, if necessary.

UNIT ED

S

S DISTRICT TE C TA

Dated: 2/2/2009

28
DB2/20976129.2

2

ER

N

D I S T I C AND [PROPOSED] STIPULATIONT R ORDER MODIFYING DEADLINES

C Case No. C-05-04526 MHP F

O

A

LI

FO

arilyn Judge M

H. Pate

l

R NIA

HON. MARILYN SO OR IT IS HALL PATEL U.S. District Court Judge

DERED

RT U O

NO

RT

H