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

Filing 180

ORDER GRANTING 179 STIPULATION Continuing Expert Discovery Cutoff Only. Signed by Judge JEFFREY S. WHITE on 2/7/12. (jjoS, COURT STAFF) (Filed on 2/7/2012)

Case3:09-cv-02959-JSW Document179 Filed02/06/12 Page1 of 4

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MUNGER, TOLLES & OLSON LLP
Marc T.G. Dworsky (SB# 157413)
James C. Rutten (SB# 201791)
Eric P. Tuttle (SB# 248440)
Keith R.D. Hamilton (SB# 252115)
355 South Grand Avenue, 35th Floor
Los Angeles, California 90071-1560
[phone]; [phone] (fax)
[e-mail], [e-mail],
[e-mail], [e-mail]

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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,

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Plaintiff,

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CASE NO. CV 09-02959 JSW (EDL)
STIPULATION AND [PROPOSED] ORDER
CONTINUING EXPERT DISCOVERY
CUTOFF ONLY

vs.
METROPOLITAN WEST SECURITIES
LLC; WACHOVIA BANK, N.A.; DOES
1 through 10, inclusive; and DOES 11
through 20, inclusive,

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Defendants.
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CASE NO. CV 09-2959 JSW (EDL)

STIPULATION AND [PROPOSED] ORDER CONTINUING EXPERT DISCOVERY CUTOFF ONLY

Case3:09-cv-02959-JSW Document179 Filed02/06/12 Page2 of 4

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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 LLC (collectively, “Defendants”) stipulate as follows:
WHEREAS the Court entered stipulated orders on August 22, 2011 (Dkt. No. 106),1

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November 14, 2011 (Dkt No. 130),2 November 28, 2011 (Dkt. No. 142),3 and December 9, 2011

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(Dkt. No. 159),4 that together set the following case schedule:

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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:

December 2, 2011
December 22, 2011 (12:00 p.m.)
January 26, 2012

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Expert discovery cutoff:

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Completion of mediation:

March 13, 2012

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Dispositive motion hearing date:

March 30, 2012 (9:00 a.m.)

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Final pretrial conference:

May 21, 2012

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Trial:

June 11, 2012

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February 20, 2012

WHEREAS the parties have completed disclosures of experts and reports and rebuttal
experts and reports, and will be taking six expert depositions between them;

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WHEREAS the attorneys and certain of the experts have conflicts that have proven to

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make scheduling six depositions in a two-week period (allowing one week to review rebuttal

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reports and conduct document discovery) very difficult;

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WHEREAS the parties have met and conferred and agreed to a schedule for all six

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depositions between now and March 2, 2012, which schedule lessens the burdens on the parties,

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their counsel, and their experts;

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This order continued various case deadlines, pursuant to the parties’ stipulation.

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This order continued the cutoff for fact depositions only, pursuant to stipulation.
This order permitted the parties to supplement expert reports in light of a deposition not yet
taken because it was (and still is) the subject of pending motion practice, pursuant to stipulation.
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This order continued expert discovery, dispositive motion, and mediation deadlines while
leaving all subsequent pretrial and trial dates the same.
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CASE NO. CV 09-2959 JSW (EDL)
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STIPULATION AND [PROPOSED] ORDER CONTINUING EXPERT DISCOVERY CUTOFF ONLY

Case3:09-cv-02959-JSW Document179 Filed02/06/12 Page3 of 4

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WHEREAS the parties believe that if the expert discovery cutoff is continued to March 2,

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2012 to accommodate this deposition schedule, all other case deadlines (including the trial date)

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may remain in place;

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NOW THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE

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PARTIES HERETO AND THEIR COUNSEL OF RECORD THAT the expert discovery cutoff

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be continued to March 2, 2012, with all subsequent deadlines (including pretrial and trial dates) to

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remain the same.

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Date: February 6, 2012

MUNGER, TOLLES & OLSON LLP

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By:

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/s/ James C. Rutten
James C. Rutten

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Attorneys for Defendants WELLS FARGO
BANK, N.A. (successor by merger to
WACHOVIA BANK, N.A.) and
METROPOLITAN WEST SECURITIES LLC

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Date: February 6, 2012

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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* * * * *

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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DATED:

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

February 7, 2012

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CASE NO. CV 09-2959 JSW (EDL)

STIPULATION AND [PROPOSED] ORDER CONTINUING EXPERT DISCOVERY CUTOFF ONLY