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

Filing 90

ORDER GRANTING AS MODIFIED 89 STIPULATION FOR Leave to Exceed Page Limits Established by the Court's Civil Standing Orders and Setting Briefing Schedule and Hearing Date for Motions to Dismiss. Motion Hearing set for 8/27/2010 09:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 4/8/10. (jjo, COURT STAFF) (Filed on 4/8/2010)

Case3:09-cv-03529-JSW Document89

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MORGAN, LEWIS & BOCKIUS LLP
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MORGAN, LEWIS & BOCKIUS LLP JAMI WINTZ MCKEON, State Bar No. 237923 ELIZABETH A. FROHLICH, State Bar No. 195454 One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Defendant Deutsche Bank Securities Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

LOUISIANA PACIFIC CORPORATION, Plaintiff, vs. MONEY MARKET 1 INSTITUTIONAL INVESTMENT DEALER; MERRILL LYNCH & CO., INC.; MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED; AND DEUTSCHE BANK SECURITIES INC., Defendants.

Case No. CV09-03529-JSW Reassigned to the Honorable Jeffrey S. White ­ Courtroom 11 Complaint filed: July 31, 2009 STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO EXCEED PAGE LIMITS ESTABLISHED BY THE COURT'S CIVIL STANDING ORDERS AND SETTING BRIEFING SCHEDULE AND HEARING DATE FOR MOTIONS TO DISMISS

CV09-03529-JSW

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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO EXCEED PAGE LIMITS ESTABLISHED BY THE COURT'S CIVIL STANDING ORDERS & SETTING BRIEFING SCHEDULE AND HEARING DATE FOR MOTIONS TO DISMISS

Case3:09-cv-03529-JSW Document89

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MORGAN, LEWIS & BOCKIUS LLP
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Plaintiff Louisiana Pacific Corporation ("Plaintiff") and Defendants Money Market 1 Institutional Investment Dealer ("MM1") and Deutsche Bank Securities Inc. ("DBSI") (collectively, "Defendants"), by and through their respective counsel of record, hereby stipulate as follows: WHEREAS, Plaintiff filed a First Amended Complaint ("FAC"), asserting 13 causes of action, on March 8, 2010; WHEREAS, the Court issued its order denying DBSI's motion to transfer venue pursuant to 28 U.S.C. § 1404(a) on March 22, 2010; WHEREAS, the parties previously stipulated and the Court ordered that if DBSI's motion to transfer was denied, the Defendants would have 30 days after such order was entered to answer or otherwise respond to Plaintiff's operative pleading, if any defendant filed a motion to dismiss, Plaintiff would serve its opposition within 45 days after service of any such motion to dismiss, and Defendants would have 30 days to serve any reply; WHEREAS, the FAC asserts federal securities fraud, California securities fraud, and common law fraud claims against Defendants and breach of fiduciary duty and negligent misrepresentation claims against MM1 in connection with auction-rate securities ("ARS") ­ financial instruments that pay interest at rates set at periodic auctions; WHEREAS, the FAC alleges over the course of 237 paragraphs and 79 pages that Defendants engaged in a comprehensive scheme to defraud Plaintiff in violation of Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5, that Defendants violated Sections 25500, 25501 and 25504.1 of the California Corporate Securities Law of 1968, that Defendants committed common law fraud and that MM1 made negligent misrepresentations and breached its fiduciary duties to Plaintiff; WHEREAS, the FAC contains allegations concerning 14 different securities purchased by Plaintiff and alleges that defendant DBSI's wrongful conduct involved eight different securities underwritten by it and that defendant MM1's wrongful conduct involved those same eight different securities plus an additional six different securities underwritten by the Merrill Lynch defendants;
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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO EXCEED PAGE LIMITS ESTABLISHED BY THE COURT'S CIVIL STANDING ORDERS & SETTING BRIEFING SCHEDULE AND HEARING DATE FOR MOTIONS TO DISMISS

Case3:09-cv-03529-JSW Document89

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WHEREAS, the parties agree that the FAC's scope and complexity warrant a modest increase in the page limits imposed by this Court's Civil Standing Orders for Defendants' opening briefs and Plaintiff's opposition on Defendants' motion to dismiss, but that the page limit for Defendants' reply briefs shall remain 15 pages (exclusive of title pages, indices of cases, table of contents, exhibits, and summaries of argument); and WHEREAS, Plaintiff and MM1 agree to extend the deadline for MM1's filing of its motion to dismiss by two days from April 21, 2010 to April 23, 2010 to accommodate the calendar of counsel for MM1, and note that no prior extensions or changes have been made to MM1's deadline to respond to the FAC; IT IS THEREFORE STIPULATED AND AGREED, by and between Plaintiff and Defendants, acting through their respective counsel, subject to this Court's approval, as follows: 1. DBSI shall file its opening papers in support of its motions to dismiss on or before

April 21, 2010, Plaintiff shall file its opposition papers on or before June 7, 2010, and DBSI shall file its reply papers on or before July 7, 2010; 2. MM1 shall file its opening papers in support of its motions to dismiss on or before

April 23, 2010, Plaintiff shall file its opposition papers on or before June 7, 2010, and MM1 shall file its reply papers on or before July 7, 2010 3. 9:00 a.m. Defendant DBSI's memorandum of law in support of its motion to dismiss shall 30 not exceed 35 pages in length (exclusive of title pages, indices of cases, table of contents, exhibits, and summaries of argument); Defendant MM1's memorandum of law in support of its motion to dismiss shall 35 not exceed 40 pages in length (exclusive of title pages, indices of cases, table of contents, exhibits, and summaries of argument); Plaintiff's memorandum of law in opposition to DBSI's motion to dismiss shall 30 not exceed 35 pages (exclusive of title pages, indices of cases, table of contents, exhibits, and summaries of argument); and
CV09-03529-JSW

The hearing date for Defendants' motions to dismiss shall be August 27, 2010 at

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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO EXCEED PAGE LIMITS ESTABLISHED BY THE COURT'S CIVIL STANDING ORDERS & SETTING BRIEFING SCHEDULE AND HEARING DATE FOR MOTIONS TO DISMISS

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Plaintiff's memorandum of law in opposition to MM1's motion to dismiss shall 35 not exceed 40 pages (exclusive of title pages, indices of cases, table of contents, exhibits, and summaries of argument). Dated: April 7, 2010 KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C. Mark C. Hansen David L. Schwarz Kevin J. Miller Andrew C. Shen

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By

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

Dated: April 7, 2010

ARENT FOX LLP Robert C. O'Brien Steven E. Bledsoe Antoinette Waller

By

/s/ Antoinette Waller Antoinette Waller Attorneys for Defendant Money Market 1 Institutional Investment Dealer

Dated: April 7, 2010

MORGAN, LEWIS & BOCKIUS LLP Jami Wintz McKeon Elizabeth A. Frohlich

By

/s/ Elizabeth A. Frohlich Elizabeth A. Frohlich Attorneys for Defendant Deutsche Bank Securities Inc.

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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO EXCEED PAGE LIMITS ESTABLISHED BY THE COURT'S CIVIL STANDING ORDERS & SETTING BRIEFING SCHEDULE AND HEARING DATE FOR MOTIONS TO DISMISS

Case3:09-cv-03529-JSW Document89

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MORGAN, LEWIS & BOCKIUS LLP
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

April 8 Dated: ________________, 2010 ___________________________________ Honorable Jeffrey S. White United States District Judge

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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO EXCEED PAGE LIMITS ESTABLISHED BY THE COURT'S CIVIL STANDING ORDERS & SETTING BRIEFING SCHEDULE AND HEARING DATE FOR MOTIONS TO DISMISS