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

Filing 217


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Case3:09-cv-02959-JSW Document216 Filed04/16/12 Page1 of 3 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 (213) 683-9100; (213) 687-3702 (fax),,, 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 CASE NO. CV 09-02959 JSW (EDL) STIPULATION AND [PROPOSED] ORDER STAYING CASE PENDING OUTCOME OF ADR PROCEDURE vs. 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 17174976.1 CASE NO. CV 09-2959 JSW (EDL) STIPULATION AND [PROPOSED] ORDER STAYING CASE Case3:09-cv-02959-JSW Document216 Filed04/16/12 Page2 of 3 1 2 WHEREAS on March 6, 2012, the parties attended a mediation session before Antonio Piazza, Esq. of Mediation Negotiations; 3 4 WHEREAS as a result of that mediation session, the parties have determined to resolve their disputes through a binding alternative dispute resolution (“ADR”) procedure; 5 6 WHEREAS the in-person sessions of the ADR procedure are expected to commence by June 2012, subject to potential scheduling conflicts that may require different timing; 7 WHEREAS the parties’ selection of an ADR procedure, with the assistance of Mr. Piazza, 8 contemplates that they will seek to stay further litigation in this Court pending the outcome of the 9 ADR procedure, and once the ADR procedure is completed, will promptly file a stipulation of 10 dismissal of this lawsuit; 11 12 WHEREAS the parties commit to advise the Court promptly of any developments that may affect the continued appropriateness of a stay; 13 NOW THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES 14 HERETO AND THEIR COUNSEL OF RECORD THAT this lawsuit is stayed in its entirety 15 until a stipulation of dismissal is filed or until further order of the Court. 16 Date: April 16, 2012 17 MUNGER, TOLLES & OLSON LLP By: 18 Attorneys for Defendants WELLS FARGO BANK, N.A. (successor by merger to WACHOVIA BANK, N.A.) and METROPOLITAN WEST SECURITIES LLC 19 20 21 /s/ James C. Rutten James C. Rutten Date: April 16, 2012 BARGER & WOLEN LLP 22 23 24 The Court HEREBY STRIKES Plaintiff's motion for summary judgment without prejudice to re-filing if necessary. 25 By: /s/ Travis R. Wall Travis R. Wall Attorneys for Plaintiff STATE COMPENSATION INSURANCE FUND PURSUANT TO STIPULATION, IT IS SO ORDERED: 26 27 DATED: April 18, 2012 __________________________________ The Honorable Jeffrey S. White United States District Judge 28 17174976.1 1 CASE NO. CV 09-2959 JSW (EDL) STIPULATION AND [PROPOSED] ORDER STAYING CASE

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