Northstar Financial Advisors Inc. v. Schwab Investments et al

Filing 10

ORDER continuing cmc to 2/6/09, motions to 1/16/09. Signed by Judge Illston on 10/10/08. (ts, COURT STAFF) (Filed on 10/15/2008)

Case 3:08-cv-04119-SI

Document 8

Filed 10/10/2008

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

DARRYL P. RAINS (CA SBN 104802) K.C. ALLAN WALDRON (CA SBN 231866) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: [phone] Facsimile: 650.494.0792 Email: [e-mail]; [e-mail] STUART C. PLUNKETT (CA SBN 187971) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Email: [e-mail] Attorneys for Defendants Schwab Investments, Charles Schwab & Co., Inc., Charles Schwab Investment Management, Inc., and Schwab Total Bond Market Fund

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

NORTHSTAR FINANCIAL ADVISORS INC. on behalf of itself and all others similarly situated, Plaintiff,

Case No.

CV-08-4119 SI

CLASS ACTION v. STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT

19 20 21 22 23 Defendants. 24 25 26 27 28 SCHWAB INVESTMENTS, CHARLES SCHWAB & CO., INC., CHARLES SCHWAB INVESTMENT MANAGEMENT, INC., and SCHWAB TOTAL BOND MARKET FUND,

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, CASE NO. CV-08-4119 SI pa-1288008

Case 3:08-cv-04119-SI

Document 8

Filed 10/10/2008

Page 2 of 4

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 28

WHEREAS, Plaintiff commenced this Action by filing a complaint dated August 23, 2008 (the "Complaint"); WHEREAS, the Complaint asserts claims under section 13(a) of the Investment Company Act of 1940 as well as state law claims for breach of fiduciary duty, breach of contract, and breach of the covenant of good faith and fair dealing on behalf of a purported class; WHEREAS, defendants' response date in this action is currently November 7, 2008, and this is the first request made for an extension of time; WHEREAS, defendants intend to file a motion to dismiss the Complaint; WHEREAS, the parties met and conferred about a mutually agreeable briefing schedule in light of holiday schedules and the time required to prepare briefs related to a motion to dismiss; WHEREAS, the parties have agreed to a schedule that extends the parties' time to file briefs related to defendants' motion to dismiss; and WHEREAS, the parties intend to request that a hearing on the motion to dismiss be held 16 on January 9, 2009. IT IS HEREBY STIPULATED AND AGREED among the undersigned parties as follows: 1. 2. 3. Defendants shall respond to the Complaint by November 20, 2008; Plaintiffs shall file an opposition by December 11, 2008; and Defendants shall file a reply brief by December 23, 2008.

SO STIPULATED. /// The initial case management conference has been continued to Friday, February 6, 2009, at 2:00 p.m.

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, CASE NO. CV-08-4119 SI pa-1288008

1

Case 3:08-cv-04119-SI

Document 8

Filed 10/10/2008

Page 3 of 4

1 2 3 4

Dated: October 10, 2008

DARRYL P. RAINS STUART C. PLUNKETT K.C. ALLAN WALDRON MORRISON & FOERSTER LLP

By: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October _____, 2008 By: Dated: October 10, 2008

/s/ Darryl P. Rains Darryl P. Rains Attorneys for Defendants SCHWAB INVESTMENTS, CHARLES SCHWAB & CO. INC., CHARLES SCHWAB INVESTMENT MANAGEMENT, INC., AND SCHWAB TOTAL BOND MARKET FUND

CHRISTOPHER HEFFELFINGER BERMAN DEVALERIO PEASE TABACCO BURT & PUCILLO

/s/ Christopher Heffelfinger Christopher Heffelfinger

Of Counsel: Robert C. Finkel WOLF POPPER LLP 845 Third Avenue New York, New York 10022 Telephone: [phone] Facsimile: [phone] Marc J. Gross GREENBAUM ROWE SMITH & DAVIS, LLP 75 Livingston Street, Suite 301 Roseland, New Jersey 07068 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff NORTHSTAR FINANCIAL ADVISORS INC.

HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, CASE NO. CV-08-4119 SI pa-1288008

2

Case 3:08-cv-04119-SI

Document 8

Filed 10/10/2008

Page 4 of 4

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 28

I, Darryl P. Rains, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Extending Time to Respond to Complaint. In compliance with General Order 45, X.B., I hereby attest that Christopher Heffelfinger has concurred in this filing. Dated: October 10, 2008 MORRISON & FOERSTER LLP By: /s/ Darryl P. Rains Darryl P. Rains Attorney for Defendants

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, CASE NO. CV-08-4119 SI pa-1288008

3