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

Filing 205

ORDER GRANTING 204 Stipulation to Modify Briefing Schedule on 191 Motion for Summary Judgment. Signed by Judge Jeffrey S. White on March 7, 2012. (jswlc3, COURT STAFF) (Filed on 3/7/2012)

Case3:09-cv-02959-JSW Document204 Filed03/07/12 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.

CASE NO. CV 09-02959 JSW (EDL)
STIPULATION AND [PROPOSED] ORDER
MODIFYING BRIEFING SCHEDULE ON
SUMMARY JUDGMENT MOTIONS IN
LIGHT OF AGREEMENT RE ADR
PROCEDURE

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

19
Defendants.
20
21
22
23
24
25
26
27
28
16810228.1

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

Case3:09-cv-02959-JSW Document204 Filed03/07/12 Page2 of 4

1
2

WHEREAS on February 24, 2012, the parties filed cross-motions for summary judgment,
which motions originally were scheduled to be heard on March 30, 2012;

3

WHEREAS on March 5, 2012, the parties submitted a stipulation to slightly modify the

4

briefing schedule on the cross-motions, such that opposition papers would be due by March 12,

5

2012 and reply papers would be due by March 21, 2012;

6
7

WHEREAS on March 6, 2012, the parties attended a mediation before Mr. Antonio
Piazza;

8

WHEREAS while the parties were mediating, the Court entered an order approving the

9

parties’ previously submitted stipulation regarding the briefing on the cross-motions, and at the

10

same time, sua sponte continuing the hearing on the cross-motions to May 25, 2012 and vacating

11

all other pretrial and trial dates;

12

WHEREAS as a result of the mediation, the parties have agreed in principle to resolve

13

their disputes through a binding alternative dispute resolution (“ADR”) procedure, subject to

14

Defendants providing final assent to such agreement by no later than Friday, March 9, 2012;

15

WHEREAS in light of the parties’ agreement to an ADR procedure (subject to final assent

16

by Defendants by March 9, 2012), in light of the continued need for that final assent, and in light

17

of the lengthy continuance of the hearing on the cross-motions, the parties mutually desire to

18

conserve their resources by refraining from preparing their papers in opposition to the cross-

19

motions for submission by March 12, 2012;

20
21

WHEREAS while such final assent is pursued, the parties mutually desire to extend the
previously stipulated deadlines to submit their opposition and reply papers;

22

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

23

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

24

//

25

//

26

//

27
28
16810228.1

1

CASE NO. CV 09-2959 JSW (EDL)

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE

Case3:09-cv-02959-JSW Document204 Filed03/07/12 Page3 of 4

1

opposition to the cross-motions for summary judgment shall be filed no later than March 26,

2

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

3

shall be filed no later than April 4, 2012.

4
5

Date: March 7, 2012

MUNGER, TOLLES & OLSON LLP

6
By:

7

/s/ James C. Rutten
James C. Rutten

8
Attorneys for Defendants WELLS FARGO
BANK, N.A. (successor by merger to
WACHOVIA BANK, N.A.) and
METROPOLITAN WEST SECURITIES LLC

9
10
11
12

Date: March 7, 2012

BARGER & WOLEN LLP

13
By:

14
15

/s/ Travis R. Wall
Travis R. Wall

Attorneys for Plaintiff STATE
COMPENSATION INSURANCE FUND

16
17

* * * * *

18
19

PURSUANT TO STIPULATION, IT IS SO ORDERED:
20
21

DATED: March 7, 2012

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

22
23
24
25
26
27
28
16810228.1

2

CASE NO. CV 09-2959 JSW (EDL)

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE