In re Charles Schwab Corp. Securities Litigation

Filing 571

ORDER RE BRIEFING SCHEDULE FOR MOTION ON INTERLOCUTORY APPEAL AND STAY by Judge Alsup granting #567 Motion for Certificate of Appealability (whalc2, COURT STAFF) (Filed on 4/6/2010)

1 2 3 4 5 6 7 8 9 10 IN RE: CHARLES SCHWAB CORPORATION SECURITIES LITIGATION. This Document Relates To All Cases. No. C 08-01510 WHA ORDER RE BRIEFING SCHEDULE FOR MOTION ON INTERLOCUTORY APPEAL AND STAY IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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To the statement of issues, please add these questions:

3.

Since Section 1292(b) requires that the certification be in the order in question, isn't it too late to entertain a Section 1292(b) appeal? Cite all authority.

4.

If an interlocutory appeal is desirable, would a better approach be to sever the Section 17200/1940 Act claim, proceed to a bench trial thereon, and enter a Rule 54(b) judgment, so that the entirety of the claim can go up on appeal?

Please invite the SEC to participate in the briefing, filing on the same schedule as plaintiffs. Otherwise, the briefing schedule is approved.

IT IS SO ORDERED.

Dated: April 6, 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE