City of Alameda, California et al v. Nuveen Municipal High Income Opportunity Fund et al

Filing 222

ORDER DIRECTING FURTHER BRIEFING ON NUVEEN'S ILLINOIS SECURITIES ACT CLAIM (SI, COURT STAFF) (Filed on 5/10/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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NUVEEN MUNICIPAL HIGH INCOME
OPPORTUNITY FUND, et al.,

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United States District Court
For the Northern District of California

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No. C 08-4575 SI
ORDER DIRECTING FURTHER
BRIEFING ON NUVEEN’S ILLINOIS
SECURITIES ACT CLAIM

Plaintiffs,
v.
CITY OF ALAMEDA, et al.,

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Defendants.

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Stone & Youngberg moved for summary judgment on plaintiffs’ claim under the Illinois

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Securities Act arguing, inter alia, that plaintiffs have not established a sufficient physical nexus with

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Illinois to invoke the Act. Plaintiffs assert that the Notes were marketed and sold to plaintiffs in Illinois.

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Neither S&Y nor plaintiffs submitted any evidence on this point.

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The Court directs S&Y and plaintiffs to file by noon on May 18, 2011, supplemental briefs

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addressing whether the “complained-of sale was a ‘sale in [Illinois].’” Benjamin v. Cablevision

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Programming Investment, 114 Ill.2d 150, 158 (1986) (quoting McBreen v. Iceco, Inc., 12 Ill. App. 2d

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372, 379 (1956)). The supplemental briefs shall be no more than 5 pages in length (not including any

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evidence). The Court will take the matter under submission and issue a separate order on the Illinois

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Securities Act claim.1

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IT IS SO ORDERED.
Dated: May 10, 2011
SUSAN ILLSTON
United States District Judge

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The Court will issue an order on the balance of the issues raised by the parties’ summary
judgment and related motions in advance of the May 18, 2011 status conference.