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

Filing 83

ORDER REOPENING CURRENT ACTION AND SETTING MOTION ON CALENDAR. Signed by Judge JEFFREY S. WHITE on 1/5/10. (jjo, COURT STAFF) (Filed on 1/5/2010)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA LOUISIANA PACIFIC CORPORATION, Plaintiff, v. MONEY MARKET 1 INSTITUTIONAL INVESTMENT DEALER, ET AL., Defendants. / In a joint letter dated December 18, 2009, the parties requested this Court's assistance in clarifying the status of this action after the Transfer Order issued in In re Merrill Lynch & Co., Inc. August Rate Securities (ARS) Marketing Litigation, MDL No. 2030, by the Judicial Panel on Multidistrict Litigation ("MDL Panel") dated December 1, 2009. In its Transfer Order, the MDL Panel transferred all claims regarding securities underwritten by defendant Merrill Lynch to the Southern District of New York, and simultaneously remanded to this Court the claims regarding securities underwritten by Deutsche Bank. See Transfer Order at 2-3. Subsequently, this Court's clerk entered a notation in the docket indicating that this action had been closed, and the parties then sought the Court's guidance on the present status of this action and the pendency of the motion to transfer venue. The Court now finds that the effect of the Transfer Order was to bifurcate the pre-trial proceedings in this case, with the claims arising from the Merrill Lynch-underwritten securities proceeding in the Southern District of New York and the claims arising from the Deutsche ORDER REOPENING CURRENT ACTION AND SETTING MOTION ON CALENDAR No. C 09-03529 JSW United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 Bank-underwritten securities proceeding in this Court. Accordingly, the Court HEREBY ORDERS as follows: 1. The Clerk is directed to remove the "CLOSED" notation that appears on the docket. 2. Deutsche Bank's motion to transfer venue pursuant to 28 U.S.C. 1404 is hereby set for hearing on Friday, March 5, 2010 at 9:00 a.m. IT IS SO ORDERED. Dated: January 5, 2010 United States District Court 11 For the Northern District of California JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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