State Compensation Insurance Fund v. Metropolitan West Securities LLC et al

Filing 130

ORDER GRANTING 129 Stipulation TO PERMIT LIMITED DEPOSITIONS AFTER FACT DISCOVERY CUTOFF. Signed by Judge Jeffrey S. White on 11/14/11. (jjoS, COURT STAFF) (Filed on 11/14/2011)

Case3:09-cv-02959-JSW Document129

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Filed11/11/11 Page1 of 3

J. Russell Stedman (117130), [e-mail]
Travis R. Wall (191662), [e-mail]
BARGER & WOLEN LLP
650 California Street, 9th Floor
San Francisco, California 94108-2713
Telephone: [phone]
Facsimile: [phone]

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David Freitas (82012), [e-mail]
STATE COMPENSATION INSURANCE FUND
5890 Owens Drive, Building C, Third Floor
Pleasanton, California 94588
Telephone: [phone] (Direct)
Attorneys for Plaintiff
STATE COMPENSATION INSURANCE FUND
MUNGER, TOLLES & OLSON LLP
Marc T.G. Dworsky (SB# 157413)
James C. Rutten (SB# 201791)
Karen J. Ephraim (SB# 233824)
Eric P. Tuttle (SB# 248440)
355 South Grand Avenue, 35th Floor
Los Angeles, California 90071-1560
[phone]; [phone] (fax)
[e-mail], [e-mail],
[e-mail], [e-mail]
Attorneys for WELLS FARGO BANK, N.A. (successor by
merger to Defendant WACHOVIA BANK, N.A.) and
Defendant METROPOLITAN WEST SECURITIES LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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STATE COMPENSATION INSURANCE
FUND,
Plaintiff,

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vs.
METROPOLITAN WEST SECURITIES
LLC, a California limited liability company,;
WACHOVIA BANK, N.A.; DOES 1 through
10 inclusive; and DOES 11 through 20
inclusive,
Defendants.

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CASE NO.: CV 09 02959 JSW (EDL)
STIPULATION AND [PROPOSED]
ORDER TO PERMIT LIMITED
DEPOSITIONS AFTER FACT
DISCOVERY CUTOFF

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

STIPULATION AND [PROPOSED] ORDER PERMITTING LIMITED DEPOSITIONS AFTER
FACT DISCOVERY CUTOFF – CASE NO.: CV 09-0959 JSW (EDL)

Case3:09-cv-02959-JSW Document129

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Filed11/11/11 Page2 of 3

STIPULATION
Plaintiff State Compensation Insurance Fund (“State Fund”), and Wells Fargo Bank, N.A.

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(successor by merger to Defendant Wachovia Bank, N.A.) and Defendant Metropolitan West

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Securities LCC (collectively, “Defendants”) stipulate as follows:

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WHEREAS, the Court entered an order on August 22, 2011 (Docket #106), granting the
parties’ stipulation to continue case deadlines, such that the schedule is now as follows:

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Fact discovery cutoff:

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Disclosure of experts and reports:

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Disclosure of rebuttal experts and reports:

January 13, 2012

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Expert discovery cutoff:

February 3, 2012

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Completion of mediation:

February 28, 2012

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Dispositive motion hearing date:

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Final pretrial conference:

May 21, 2012

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Trial:

June 11, 2012

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December 2, 2011
December 16, 2011

March 16, 2012

WHEREAS the parties have already taken numerous depositions of current and former
employees as well as depositions of third parties;
WHEREAS the parties have agreed to take their respective Rule 30(b)(6) depositions after
completion of percipient witness depositions to the extent possible;
WHEREAS due to scheduling constraints and other factors, the parties currently anticipate
that some additional fact depositions may need to take place after December 2, 2011;
WHEREAS the parties have agreed, subject to the Court’s approval, to complete any

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outstanding depositions, including Rule 30(b)(6) depositions, by December 9, 2011, a seven-day

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extension of the current deadline;

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WHEREAS the parties believe that an additional seven days beyond the fact discovery
cutoff date to complete the depositions is appropriate and necessary;
WHEREAS the additional seven days to complete depositions will not affect any other case

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schedule deadline, including but not limited to non-deposition fact discovery or pre-trial and trial

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deadlines;

BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

-2STIPULATION AND [PROPOSED] ORDER PERMITTING LIMITED DEPOSITIONS AFTER
FACT DISCOVERY CUTOFF – CASE NO.: CV 09-0959 JSW (EDL)

Case3:09-cv-02959-JSW Document129

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Filed11/11/11 Page3 of 3

THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES

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THROUGH THEIR COUNSEL OF RECORD THAT fact depositions may be completed by

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December 9, 2011.

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Dated: November 11, 2011

BARGER & WOLEN LLP

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By:

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//s// J. Russell Stedman
J. RUSSELL STEDMAN
Attorneys for Plaintiff State
Compensation Insurance Fund

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Dated: November 11, 2011

MUNGER, TOLLES & OLSON LLP

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By:
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//s// James Rutten
JAMES C. RUTTEN
Attorneys for Wells Fargo Bank, N.A.
(successor by merger to Defendant
Wachovia Bank, N.A.) and Defendant
Metropolitan West Securities LLC

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* * * * *

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PURSUANT TO STIPULATION, AND GOOD CAUSE HAVING BEEN SHOWN, IT IS SO

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ORDERED.

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DATED:

November 14, 2011

________________________________
The Honorable Jeffrey S. White
United States District Court Judge

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

-3STIPULATION AND [PROPOSED] ORDER PERMITTING LIMITED DEPOSITIONS AFTER
FACT DISCOVERY CUTOFF – CASE NO.: CV 09-0959 JSW (EDL)