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

Filing 203

ORDER GRANTING 202 STIPULATION MODIFYING BRIEFING SCHEDULE ON SUMMARY JUDGMENT MOTIONS AND CONTINUING HEARING. Opposition due by 3/12/2012. Replies due by 3/21/2012. Motion Hearing set for 5/25/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 3/6/12. (jjoS, COURT STAFF) (Filed on 3/6/2012)

Case3:09-cv-02959-JSW Document202 Filed03/05/12 Page1 of 4

1
2
3
4
5

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]

6
7
8

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

9
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION
12
13
14

STATE COMPENSATION INSURANCE
FUND,

15

Plaintiff,

16
17
18

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

CASE NO. CV 09-02959 JSW (EDL)
STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE ON
SUMMARY JUDGMENT MOTIONS
AND CONTINUING HEARING ON
MOTIONS

19
Defendants.
20
21
22
23
24
25
26
27
28
16371925.2

CASE NO. CV 09-2959 JSW (EDL)
STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE

Case3:09-cv-02959-JSW Document202 Filed03/05/12 Page2 of 4

1
2

WHEREAS the parties filed cross-motions for summary judgment on February 24, 2012,
which are set for hearing on March 30, 2012;

3
4

WHEREAS the cross-motions raise numerous factual and legal issues, requiring the
parties’ respective opposition papers and reply papers to address those issues;

5
6

WHEREAS the parties’ respective opposition papers currently are due on March 9, 2012,
and their respective reply papers currently are due on March 16, 2012;

7

WHEREAS during the period in which the parties are required to prepare their opposition

8

papers, they also have been required to (1) take/defend two expert witness depositions, in

9

accordance with the expert discovery schedule previously approved by the Court pursuant to

10

stipulation; and (2) spend significant time preparing for and attending a mediation scheduled for

11

March 6, 2012 (including the preparation of mediation briefs) in accordance with the mediation

12

cutoff previously set by the Court pursuant to stipulation;

13

WHEREAS the parties mutually desire a short amount of additional time in which to

14

prepare their opposition and reply papers in light of the number of issues to be addressed and the

15

time required to prepare for and participate in the depositions and the mediation;

16
17

WHEREAS the parties have not previously requested a modification of the summary
judgment briefing schedule;

18

NOW THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES

19

HERETO AND THEIR COUNSEL OF RECORD THAT (1) the parties’ respective papers in

20

opposition to the cross-motions for summary judgment shall be filed no later than March 12,

21

2012; and (2) the parties’ respective reply papers in support of the cross-motions for summary

22

judgment shall be filed no later than March 21, 2012.

23

Date: March 5, 2012

MUNGER, TOLLES & OLSON LLP

24
By:

25

/s/ James C. Rutten
James C. Rutten

26
Attorneys for Defendants WELLS FARGO
BANK, N.A. (successor by merger to
WACHOVIA BANK, N.A.) and
METROPOLITAN WEST SECURITIES LLC

27
28
16371925.2

1

CASE NO. CV 09-2959 JSW (EDL)

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE

Case3:09-cv-02959-JSW Document202 Filed03/05/12 Page3 of 4

1

Date: March 5, 2012

BARGER & WOLEN LLP

2
By:

3
4

/s/ Travis R. Wall
Travis R. Wall

Attorneys for Plaintiff STATE
COMPENSATION INSURANCE FUND

5
6
7
8

* * * * *
In addition, the hearing on the motions is CONTINUED to May 25, 2012 at 9:00 a.m.
The pretrial and trial dates are VACATED and shall be reset by further order.
PURSUANT TO STIPULATION, IT IS SO ORDERED:

9
10

DATED: March 6, 2012

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

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16371925.2

2

CASE NO. CV 09-2959 JSW (EDL)

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE