Chu v. Wells Fargo Investments LLC

Filing 98

STIPULATION AND ORDER extending time to and including 12/21/2009 for filing of dispositive motions; Signed by Judge Marilyn Hall Patel on 12/9/2009. (awb, COURT STAFF) (Filed on 12/9/2009)

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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, L EWIS & B O C K I U S LLP A T T O R N E Y S AT L A W DARYL S. LANDY, SBN 136288 BARBARA I. ANTONUCCI, SBN 209039 SACHA M. STEENHOEK, SBN 253743 MORGAN, LEWIS & BOCKIUS LLP 2 Palo Alto Square 3000 El Camino Real, Suite 700 Palo Alto, CA 94306-2212 Tel: 650.843.4000 Fax: 650.843.4001 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: 510.763.5700 Fax: 510.835.1311 Attorneys for Plaintiffs JERRY CHU, THOMAS CALFORDA, LEBRONE KING, and TAMARA TURKISHER SCOTT E. COLE, SBN 160744 TIMOTHY P. RUMBERGER, SBN 145984 SCOTT COLE & ASSOCIATES, APC 1970 Broadway, 9th Floor Oakland, California 94612 Tel: 510.891.9800 Fax: 510.891.7030 Attorneys for Plaintiff ANDREA X. BULOW UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JERRY CHU, ANDREA X. BULOW, THOMAS CALFORDA, LEBRONE KING, and TAMARA TURKISHER, individually and on behalf of all others similarly situated, Plaintiffs, v. WELLS FARGO INVESTMENTS, LLC, and DOES 1 through 50, Inclusive, Defendants. AND CONSOLIDATED ACTIONS Case Nos. C-05-04526 MHP; C-06-07924 MHP Consolidated Action STIPULATION AND [PROPOSED] ORDER MODIFYING DEADLINES 28 DB2/21461445.1 Case No. C-05-04526 MHP Case No. C-06-07924 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, L EWIS & B O C K I U S LLP A T T O R N E Y S AT L A W STIPULATION WHEREAS, on May 8, 2008 the Court issued an Order setting a schedule for completing class discovery and filing dispositive motions; WHEREAS, on October 15, 2008, January 8, 2009, and February 2, 2009 the Court issued Orders approving stipulations between the parties that modified the schedule and enlarged deadlines for completing private mediation; WHEREAS, the parties utilized the services of a private mediator and attempted to settle the case thereafter; WHEREAS, although the parties made progress toward reaching a settlement, they were unable to reach an agreement; WHEREAS, on July 28, 2009, the Court issued an order setting December 14, 2009 as the deadline for filing dispositive motions; WHEREAS, the parties are now discussing the possibility of conducting an additional mediat ion session with a private mediator; WHEREAS, in order to focus resources on efforts to possibly schedule another private mediation, the parties jointly seek to extend the deadline to file dispositive motions one week, to December 21, 2009, with the schedule subject to further revision depending on the outcome of the parties' discussions about scheduling another private mediation. NOW, THEREFORE, Plaintiffs and Wells Fargo Investments, LLC, through their undersigned respective counsel, stipulate and request that the Court approve a modified schedule in which the last day to file dispositive motions is extended one week, to December 21, 2009. 28 DB2/21461445.1 1 Case No. C-05-04526 MHP Case No. C-06-07924 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 Dated: To avoid prejudice to the parties and to facilitate case management, GOOD CAUSE exists to modify the deadlines in this action as described herein. Dated: December 8, 2009 MORGAN LEWIS & BOCKIUS LLP By: /s/ Daryl Landy Daryl Landy Attorneys for Defendant WELLS FARGO INVESTMENTS, LLC Dated: December 8, 2009 HOFFMAN & LAZEAR By: /s/ Morgan Mack (as authorized on December 8, 2009) Morgan Mack Attorneys for Plaintiffs JERRY CHU, THOMAS CALFORDA, LEBRONE KING, and TAMARA TURKISHER Dated: December 8, 2009 SCOTT COLE & ASSOCIATES, APC By: /s/ Scott Cole (as authorized on December 8, 2009) Scott Cole Attorneys for Plaintiff ANDREA X. BULOW ORDER In light of the foregoing STIPULATION of the parties, the Court ORDERS that the deadlines in this case are hereby modified to change the deadline for filing dispositive motions from December 14, 2009 to December 21, 2009. 12/9/2009 UNIT ED S S DISTRICT TE C TA MORGAN, L EWIS & B O C K I U S LLP A T T O R N E Y S AT L A W N TIPULATION AND [PROPOSED] SD OF I S MODIFYING ORDER T R I C T DEADLINES A 28 DB2/21461445.1 2 ER Case No. C-05-04526 MHP C Case No. C-06-07924 MHP LI FO 27 ari Judge M lyn H. P atel R NIA DER HON. MARILYN HALL PATEL E SO OR IS Judge IT U.S. District Court NO D RT U O RT H

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