Wixon et al v. Wyndham Resort Development Corp., et al

Filing 161

ORDER GRANTING #160 Stipulation Revising Schedule and Page Allowance for Responsive Pleading to Plaintiffs' Third Amended Complaint. Signed by Judge Jeffrey S. White on 9/10/08. (jjo, COURT STAFF) (Filed on 9/10/2008)

1 Matthew G. Ball (SBN 208881) [e-mail] 2 KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 55 Second Street, Suite 1700 3 San Francisco, CA 94105 4 Telephone: (`415) 882-8200 Facsimile: [phone] 5 Judith H. Ramseyer (admitted pro hac vice) 6 [e-mail] LAW OFFICES OF JUDITH H. RAMSEYER PLLC 7 2025 First Avenue, Suite 1150, 8 Seattle, WA, 98121 Telephone: [phone] Facsimile: [phone] 10 Attorneys for Defendants GENE HENSLEY, DAVID HERRICK, 11 JOHN HENLEY, PEGGY FRY and JOHN McCONNELL 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 CLARK and REBECCA WIXON and NORMAN and BARBARA WIXON, on 15 behalf of themselves and all others similarly situated, 16 Plaintiffs, 17 v. 18 WYNDHAM RESORT DEVELOPMENT 19 CORP. (f/k/a Trendwest Resorts, Inc.), GENE HENSLEY, DAVID HERRICK, JOHN 20 HENLEY, PEGGY FRY, AND JOHN MCCONNELL, and nominally, 21 WORLDMARK, THE CLUB, 22 23 24 25 26 27 28 -1STIPULATION AND [PROPOSED] ORDER REVISING SCHEDULE AND PAGE ALLOWANCE FOR RESPONSIVE PLEADING TO PLAINTIFFS THIRD AMENDED COMPLAINT

Case No. C 07-2361 JSW STIPULATION AND [PROPOSED] ORDER REVISING SCHEDULE AND PAGE ALLOWANCE FOR RESPONSIVE PLEADING TO PLAINTIFFS THIRD AMENDED COMPLAINT Class and Derivative Action

Defendants.

CASE NO. C 07-2361 JSW

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WHEREAS, the parties previously stipulated to and the Court granted an order giving the

2 Plaintiffs a one-week extension to file their Third Amended Complaint (to August 29, 2008) and 3 adjusting accordingly the due date for Defendants to file responsive pleadings (September 19, 2008) 4 (Dkt. #142, 149); and 5 WHEREAS, lead counsel for the Director Defendants has experienced unexpected family

6 and professional conflicts that have required her close attention; and 7 WHEREAS, Plaintiffs Third Amended Complaint contains 46 pages of allegations, fifteen

8 pages more than the Second Amended Complaint; and 9 WHEREAS, Director Defendants intend to file an motion to dismiss in response to Plaintiffs

10 Third Amended Complaint; and 11 WHEREAS, counsel for the Director Defendants has requested and Counsel for Plaintiffs

12 and Defendant Wyndham Resort Development Corporation have agreed to reset the briefing 13 schedule and page limitations as set forth below. 14 IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants by and through

15 their respective counsel that Director Defendants and Wyndham Resort Development Corporation s 16 pleadings filed in response to Plaintiffs Third Amended Complaint shall be served and filed on or 17 before September 26, 2008. Additionally, the page limitation set by the Court s Civil Standing 18 Order is modified to allow the Director Defendants and Plaintiffs each up to an additional five (5) 19 pages, in other words, up to twenty (20) pages, for Director Defendants opening memorandum in 20 support of and Plaintiffs memorandum in opposition to Director Defendants motion to dismiss. 21 22 Dated: September 10, 2008. 23 24 25 26 27 28 By: /s/ Jonathan K. Levine Elizabeth C. Pritzker Attorneys for Individual and Representative Plaintiffs Clarke and Rebecca Wixon and Norman and Barbara Wixon -2STIPULATION AND [PROPOSED] ORDER REVISING SCHEDULE AND PAGE ALLOWANCE FOR RESPONSIVE PLEADING TO PLAINTIFFS THIRD AMENDED COMPLAINT

GIRARD GIBBS LLP

CASE NO. C 07-2361 JSW

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Date: September 10, 2008.

TROUTMAN SANDERS LLP

By: /s/ J. Kirk Quillian A. William Loeffler William M. Droze Attorneys for Defendant Wyndham Resort Development Corporation

8 Dated: September 10, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 Dated: September 10 2008 ___, 22 23 24 25 26 27 28 IT IS SO ORDERED.

K&L GATES LLP By:_____/s/ Matthew G. Ball [e-mail] LAW OFFICES OF JUDITH H. RAMSEYER PLLC By:______/s/ Judith H. Ramseyer Attorneys for Defendants Gene Hensley, John Henley, David Herrick, Peggy Fry, and John McConnell

ORDER

Honorable Jeffrey S. White United States District Court Judge

-3STIPULATION AND [PROPOSED] ORDER REVISING SCHEDULE AND PAGE ALLOWANCE FOR RESPONSIVE PLEADING TO PLAINTIFFS THIRD AMENDED COMPLAINT

CASE NO. C 07-2361 JSW