Hawkins v. KPMG LLP et al

Filing 10

STIPULATION AND ORDER extending time for plaintiff to file amended complaint not later than 12/29/2005; Defendants' responses to be filed not later than 1/9/2006;. Signed by Judge Marilyn Hall Patel on 11/29/2005. (awb, COURT-STAFF) (Filed on 12/1/2005)

Hawkins v. KPMG LLP et al

Doc. 10

Case 3:05-cv-04763-MHP

Document 10

Filed 12/01/2005

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BINGHAM McCUTCHEN LLP DALE E. BARNES (SBN 99273) STEPHANIE L. THOMASES (SBN 197257) KRISTEN A. PALUMBO (SBN 215857) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] email: [e-mail] [e-mail] [e-mail] Attorneys for Defendant KPMG LLP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

WILLIAM M. HAWKINS III, Plaintiff, v. KPMG LLP, a limited liability partnership, HARVEY ARMSTRONG, an individual, QUELLOS GROUP LLC, a Delaware limited liability company, and DOES 1 through 20, inclusive, Defendants.

Case No. C 05-04763 MHP STIPULATED REQUEST FOR ORDER CHANGING TIME; [PROPOSED] ORDER CHANGING TIME

Plaintiff William M. Hawkins III and Defendants KPMG LLP and Harvey Armstrong, by and through their respective counsel of record, hereby agree and stipulate as follows: WHEREAS, on July 15, 2005, Plaintiff filed his complaint in the Superior Court for the State of California, County of San Mateo; WHEREAS, on September 12, 2005, Plaintiff served the complaint on
STIPULATED REQUEST FOR ORDER CHANGING TIME; [PROPOSED] ORDER CHANGING TIME
PA/52173716.1

Dockets.Justia.com

Case 3:05-cv-04763-MHP

Document 10

Filed 12/01/2005

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Defendants KPMG, Harvey Armstrong and Quellos Group LLC; WHEREAS, on November 21, 2005, Defendant KPMG filed a Notice of Removal, thereby removing the complaint from state court to this Court; WHEREAS, pursuant to Rule 81(c) of the Federal Rules of Civil Procedure, Defendants KPMG's and Harvey Armstrong's responses to the complaint are currently due on November 30, 2005; WHEREAS, Defendant KPMG is a party to a class action settlement involving the subject matter of this action, which was preliminarily approved on Friday, October, 31, 2005 in the United States District Court for the District of New Jersey; WHEREAS, Plaintiff has until December 12, 2005 to opt out of the class action settlement; WHEREAS, Plaintiff is enjoined from prosecuting this action against KPMG and Mr. Armstrong unless and until he opts out of the class action; WHEREAS, Plaintiff is considering amending his complaint if he opts out of the class action; WHEREAS, the parties to this stipulation have not previously sought an order changing time from this Court; and WHEREAS, the changes of time set forth below may assist the efficient administration of justice and should not affect the schedule for this case. NOW THEREFORE, subject to the Court's approval: 1. Plaintiff may file an amended complaint on or before December 29, 2005; and 2. Defendants KPMG's and Armstrong's responses to the operative complaint must be filed on or before January 9, 2006. IT IS SO STIPULATED.

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STIPULATED REQUEST FOR ORDER CHANGING TIME; [PROPOSED] ORDER CHANGING TIME
PA/52173716.1

Case 3:05-cv-04763-MHP

Document 10

Filed 12/01/2005

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DATED: November 29, 2005 BINGHAM McCUTCHEN LLP

By:

/s/ Stephanie L. Thomases Attorneys for Defendant KPMG LLP

DATED: November 29, 2005 LONG & LEVIT LLP

By:

/s/ Howard M. Garfield Attorneys for Defendant Harvey Armstrong

DATED: November 29, 2005 BERGESON, LLP

By:

/s/ Hway-Ling Hsu Attorneys for Plaintiff William M. Hawkins III

PURSUANT TO STIPULATION, IT IS SO ORDERED:
11/29/2005 DATED: November ___, 2005
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STIPULATED REQUEST FOR ORDER CHANGING TIME; [PROPOSED] ORDER CHANGING TIME
PA/52173716.1

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Honorable Marilyn Hall Patel United Statesarilyn H. PateJudge District l ge M
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