Petzschke v. Century Aluminum Company et al

Filing 87

ORDER continuing motion to 4/23/10 (tf, COURT STAFF) (Filed on 4/12/2010)

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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 ROBERT P. VARIAN (SBN 107459) STEPHEN M. KNASTER (SBN 146236) ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: (415) 773-5700 Facsimile: (415) 773-5759 Emails: Counsel For Defendants Morgan Stanley & Co. Incorporated and Credit Suisse Securities (USA) LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In re CENTURY ALUMINUM COMPANY SECURITIES LITIGATION Lead Case No. 3:09-cv-01001-SI CLASS ACTION STIPULATION AND [PROPOSED] ORDER Court: Judge: 10, 19th Floor Honorable Susan Illston OHS West:260889075.1 STIPULATION AND [PROPOSED] ORDER (CASE NO. 3:09-CV-01001-SI) 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 on February 26, 2010, defendants filed motions to dismiss plaintiffs' First Amended Consolidated Class Action Complaint ("FAC") and a motion to strike certain paragraphs from the FAC; WHEREAS on March 19, 2010, plaintiffs filed their oppositions to said motions; WHEREAS defendants' replies are currently due April 2, 2010; WHEREAS because certain of the Underwriter Defendants are unavailable due to the Good Friday holiday and one of the Underwriters' counsel principally involved in drafting the reply is to undergo a medical procedure, the Underwriter Defendants have requested an extension to file replies until Wednesday, April 7,2010; WHEREAS counsel for each of the parties are agreeable to extend the time for all defendants to file replies until April 7, 2010; WHEREAS the motions are currently scheduled to be heard on April 16, 2010; NOW THEREFORE, as a result of the recitals set forth above, and subject to the Court's approval, the undersigned parties stipulate that: (1) (2) The time for defendants to file replies is extended to Wednesday, April 7, 2010; The hearing on the motions to dismiss and to strike shall be continued until Friday, April 23, 2010 at 9:00 a.m. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Respect fully submitted, Dated: April 1, 2010 ORRICK, HERRINGTON & SUTCLIFFE LLP ROBERT P. VARIAN STEPHEN M. KNASTER By: /s/ Robert P. Varian Robert P. Varian Attorneys for Defendants MORGAN STANLEY & CO. INCORPORATED AND CREDIT SUISSE SECURITIES (USA) LLC OHS West:260889075.1 -2STIPULATION AND [PROPOSED] ORDER (CASE NO. 3:09-CV-01001-SI) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Dated: April 1, 2010 PILLSBURY WINTHROP SHAW LLP BRUCE A. ERICSON JEFFREY JACOBI By: /s/ Bruce A. Ericson Bruce A. Ericson Attorneys for Defendants CENTURY ALUMINUM CO., LOGAN W. KRUGER, MICHAEL A. BLESS, STEVE SCHNEIDER, JOHN C. FONTAINE, JACK E. THOMPSON, PETER C. JONES, JOHN P. O'BRIEN, WILLY R. STROTHOTTE, JARL BERNTZEN and WAYNE R. HALE Dated: April 1, 2010 WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP FRANCIS M. GREGOREK BETSY C. MANIFOLD RACHELE R. RICKERT By: /s/ Betsy C. Manifold Betsy C. Manifold Lead Counsel for Plaintiffs 16 17 18 19 20 21 22 IT IS SO ORDERED. 23 24 Dated: 25 26 27 28 HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Robert P. Varian, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order. In compliance with General Order 45,X.B., I hereby attest that each of the signatories have concurred in this filing. /s/ Robert P. Varian Robert P. Varian OHS West:260889075.1 -3-

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