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

Filing 35

ORDER GRANTING 33 Stipulation CONTINUING MEDIATION DEADLINE, TRIAL DATE, AND RELATED DEADLINES. Signed by Judge JEFFREY S. WHITE on 5/3/10. (jjo, COURT STAFF) (Filed on 5/3/2010)

Case3:09-cv-02959-JSW Document33

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650 CALIFORNIA STREET NINTH FLOOR SAN FRANCISCO, CA 94108 [phone]

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] David Freitas (82012), [e-mail] STATE COMPENSATION INSURANCE FUND 1275 Market Street, 3rd Floor San Francisco, California 94103-1410 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff STATE COMPENSATION INSURANCE FUND UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION STATE COMPENSATION INSURANCE FUND, Plaintiff, 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. CASE NO.: CV 09 2959 JSW STIPULATION AND [PROPOSED] ORDER CONTINUING MEDIATION DEADLINE, TRIAL DATE, AND RELATED DEADLINES Local Rule 6-2

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BARGER & WOLEN LLP

STIPULATION AND [PROPOSED] ORDER CONTINUING MEDIATION DEADLINE, TRIAL DATE AND RELATED DEADLINES

Case3:09-cv-02959-JSW Document33

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650 CALIFORNIA STREET NINTH FLOOR SAN FRANCISCO, CA 94108 [phone]

Plaintiff State Compensation Insurance Fund ("State Fund") and Defendants Metropolitan West Securities LLC and Wachovia Bank N.A. (collectively, "Wachovia"), through their counsel of record, stipulate as follows: RECITALS 1. The Court's case management orders currently provide the following deadlines: Completion of mediation: Fact discovery cut-off: Expert discovery cut-off: Dispositive motion hearing date: Pretrial conference: Trial: 2. April 30, 2010 September 15, 2010 November 8, 2010 January 21, 2011 March 7, 2011 March 28, 2011

The parties have exchanged electronic and hard copy productions and are diligently

pursuing fact discovery. The volume of electronic data is large. The parties are meeting and conferring about the parameters for further production of electronically-stored information. The parties anticipate substantially completing written and electronic discovery before commencing depositions. Due to the complexity of the case and the number of documents involved, the parties have not been able to complete sufficient discovery in order to have productive settlement discussions at this time. The parties also believe that the current schedule does not allow sufficient time for fact and expert discovery to prepare for dispositive motions and trial. Accordingly, the parties request a short continuance of the mediation deadline, the trial date and corresponding case management deadlines. 3. This is the parties' first request for an extension of any of the foregoing deadlines.

The parties do not anticipate the need for further continuances. STIPULATION The parties stipulate to the following revised mediation and case management schedule: Completion of mediation: Fact discovery cutoff: Disclosure of experts and reports: -2October 29, 2010 February 4, 2011 February 14, 2011

BARGER & WOLEN LLP

STIPULATION AND [PROPOSED] ORDER CONTINUING MEDIATION DEADLINE, TRIAL DATE AND RELATED DEADLINES

Case3:09-cv-02959-JSW Document33

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Disclosure of rebuttal experts and reports: Expert discovery cutoff: Dispositive motion hearing date: Final pretrial conference: Trial: SO STIPULATED: Dated: April 30, 2010

March 7, 2011 April 1, 2011 June 10, 2011 July 25, 2011 August 15, 2011

BARGER & WOLEN LLP

By:

//s// Travis R. Wall J. RUSSELL STEDMAN TRAVIS R. WALL PETER FELSENFELD Attorneys for Plaintiff State Compensation Insurance Fund

Dated: April 30, 2010

MUNGER, TOLLES & OLSON

By:

//s// James Rutten MARC DWORSKY JAMES RUTTEN ERIC TUTTLE Attorneys for Defendants Metropolitan West Securities LLC and Wachovia Bank, N.A.

BARGER & WOLEN LLP

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Case3:09-cv-02959-JSW Document33

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650 CALIFORNIA STREET NINTH FLOOR SAN FRANCISCO, CA 94108 [phone]

ORDER The parties, by and through their counsel of record, stipulated to the following ADR and case management schedule: Completion of mediation: Fact discovery cutoff: Disclosure of experts and reports: October 29, 2010 February 4, 2011 February 14, 2011 March 7, 2011 April 1, 2011 June 10, 2011

Disclosure of rebuttal experts and reports: Expert discovery cutoff: Dispositive motion hearing date: Final pretrial conference:

July 25, 2011 August 1, 2011 at 2:00 p.m. Trial: August 15, 2011 August 22, 2011 Satisfactory proof having been shown and good cause appearing, at 8:00 a.m. PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: May 3, 2010

By:

The Honorable Jeffrey S. White United States District Judge

BARGER & WOLEN LLP

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