Louisiana Pacific Corporation v. Money Market 1 Institutional Investment Dealer et al

Filing 177

ORDER GRANTING 174 STIPULATION selecting Private ADR.. Signed by Judge JEFFREY S. WHITE on 1/30/12. (jjoS, COURT STAFF) (Filed on 1/30/2012)

Case3:09-cv-03529-JSW Document174 Filed01/19/12 Page1 of 3

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MORGAN, LEWIS & BOCKIUS LLP
JAMI WINTZ MCKEON (SBN 237923)
[e-mail]
ELIZABETH A. FROHLICH (SBN 195454)
[e-mail]
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
MORGAN, LEWIS & BOCKIUS LLP
CHRISTIAN J. MIXTER
[e-mail]
1111 Pennsylvania Avenue, NW
Washington, DC 20004-2541
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Deutsche Bank Securities Inc.

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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LOUISIANA PACIFIC CORPORATION,
Plaintiff,

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Case No. C 09 03529 JSW
STIPULATION AND [PROPOSED]
ORDER REGARDING MEDIATION

vs.
MONEY MARKET 1 INSTITUTIONAL
INVESTMENT DEALER, MERRILL
LYNCH & CO., INC., MERRILL
LYNCH, PIERCE, FENNER & SMITH
INCORPORATED, AND DEUTSCHE
BANK SECURITIES INC.,

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Defendants.

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Plaintiff Louisiana Pacific Corporation (“LP”) and Defendant Deutsche Bank Securities
Inc. (“DBSI”), acting through their respective counsel, enter into the below stipulation:
WHEREAS, the Court, on January 5, 2012, ordered the parties to submit a stipulation and
proposed order selecting either private mediation or court mediation;

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STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION; CASE NO. C 09-03529-JSW
DB2/ 22909455.1

Case3:09-cv-03529-JSW Document174 Filed01/19/12 Page2 of 3

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WHEREAS, LP and DBSI met and conferred regarding mediation and agreed upon
private mediation;1
WHEREAS, the Court, on January 5, 2012, ordered the parties to complete the first round
of mediation by April 4, 2012;
IT IS THEREFORE STIPULATED AND AGREED, by and between LP and DBSI,

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acting through their respective counsel, subject to this Court’s approval, that LP and DBSI shall

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participate in private mediation, the first round of which shall be completed by April 4, 2012.

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Dated: January 19, 2012

/s/ Andrew C. Shen
Attorney for Plaintiff
Louisiana Pacific Corporation

Dated: January 19, 2012

/s/ Christian J. Mixter
Attorney for Defendant
Deutsche Bank Securities Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January ___, 2012.
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________________________
Hon. Jeffrey S. White
United States District Judge

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Defendant Money Market 1 Institutional Investment Dealer (“MM1”) has declined to
meet and confer with LP and DBSI regarding mediation and to join this stipulation. MM1
maintains that this matter remains stayed as against MM1, including all discovery and other
proceedings, pursuant to the Private Securities Litigation Reform Act until resolution of its
motion to dismiss, which is pending before Judge Preska in the Southern District of New York in
case numbers 1:09-MD-02030-LAP and 1:09-CV-09887-LAP.
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STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION; CASE NO. C 09-03529-JSW

DB2/ 22909455.1