County of Contra Costa v. Bank of America, N.A. et al

Filing 29

ORDER APPROVING STIPULATION AFFORDING AIG DEFENDANTS LEAVE TO FILE SUR-REPLY AND ORDER CONTINUING HEARING. AIG Defendants may file a sur-reply no later than December 3, 2008. The hearing on plaintiff's motion to remand is continued from December 5, 2008 to December 12, 2008. Signed by Judge Maxine M. Chesney on November 26, 2008. (mmclc1, COURT STAFF) (Filed on 11/26/2008)

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REGINALD D. STEER (SBN 056324) E-mail: [e-mail] STEVEN S. KAUFHOLD (SBN 157195) E-mail: [e-mail] AMIT KURLEKAR (SBN 244230) E-mail: [e-mail] TERESA WANG (SBN 252961) E-mail: [e-mail] AKIN GUMP STRAUSS HAUER & FELD LLP 580 California Street, 15th Floor San Francisco, California 94104-1036 Telephone: [phone] Facsimile: 415-765-9501 Attorneys for Defendants AIG FINANCIAL PRODUCTS CORP. and AIG SUNAMERICA LIFE ASSURANCE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA COUNTY OF CONTRA COSTA, Plaintiff, v. Case No. CV 08-04752 MMC STIPULATION AND [PROPOSED] ORDER FOR DEFENDANTS AIG FINANCIAL PRODUCTS CORP. AND AIG SUNAMERICA LIFE ASSURANCE COMPANY'S LEAVE TO FILE SUR-REPLY TO PLAINTIFF COUNTY OF CONTRA COSTA'S MOTION TO REMAND AND ORDER CONTINUING HEARING

BANK OF AMERICA, N.A., et al. Defendants.

Pursuant to Civil Local Rules 7-3(d) and 7-12, this stipulation is entered into by and between plaintiff COUNTY OF CONTRA COSTA (the "County") and defendants AIG FINANCIAL PRODUCTS CORP. and AIG SUNAMERICA LIFE ASSURANCE COMPANY (the "AIG Defendants") through their respective counsel of record, based upon the following: WHEREAS, the County filed its motion to remand on October 27, 2008; WHEREAS, on November 7, 2008, the County dismissed five defendants from the action-- UBS AG, Société Générale, S.A., Rabobank Group, Natixis, S.A., and Westminster National Bank, p.l.c.; WHEREAS, the AIG Defendants filed their opposition to the County's motion to remand on 1
STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS SUR-REPLY TO PLAINTIFF'S MOTION TO REMAND Case No. CV 08 04752 MMC

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November 14, 2008, and the County filed its reply to this opposition on November 21, 2008; WHEREAS, in the County's reply, the County stated its intent to file an amended complaint that it suggested would account for the concerns expressed in the Court's November 21, 2008 Order Denying Plaintiff's Motion for Discretionary Remand in City of Stockton v. Bank of America, N.A., et al., No. CV-08-4060 MMC; WHEREAS, on Monday evening, November 24, 2008, the County filed that amended complaint; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, and the parties jointly move: That the Court grant the AIG Defendants leave to file a sur-reply no more than ten (10) pages in length to the County's motion to remand no later than December 3, 2008.

IT IS SO STIPULATED. Dated: November 26, 2008 AKIN GUMP STRAUSS HAUER & FELD LLP By /s/ Reginald D. Steer

Attorneys for Defendants AIG FINANCIAL PRODUCTS CORP. and AIG SUNAMERICA LIFE ASSURANCE COMPANY Dated: November 26, 2008 COTCHETT, PITRE, & MCCARTHY By /s/ Nanci E. Nishimura

Attorneys for Plaintiff COUNTY OF CONTRA COSTA

PURSUANT TO STIPULATION, IT IS SO ORDERED . Further, the hearing is CONTINUED from December 5, 2008 to December 12, 2008. Dated: _________________ ______________________________________ November 26, 2008 Hon. Maxine M. Chesney 2
STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS SUR-REPLY TO PLAINTIFF'S MOTION TO REMAND Case No. CV 08 04752 MMC