The Anschutz Corporation v. Merryll Lynch & Co., Inc. et al

Filing 111

ORDER allowing brief in excess of page limits (tf, COURT STAFF) (Filed on 5/7/2010)

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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

THE ANSCHUTZ CORPORATION, Plaintiff, vs. MERRILL LYNCH & CO., INC.; MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.; MOODY'S INVESTORS SERVICE, INC.; THE McGRAW-HILL COMPANIES, INC.; FITCH, INC.; AND FITCH RATINGS, INC., Defendants

Case No. C 09-03780-SI STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO EXCEED PAGE LIMITS ESTABLISHED BY LOCAL RULE 7-4(b) Judge: Hon. Susan Illston

Complaint filed: August 17, 2009 First Amend. Complaint filed: March 19, 2010

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CASE NO. C 09-03780-SI STIPULATION & [PROPOSED] ORDER RE PAGE LIMITS

1 Plaintiff Anschutz Corporation ("Plaintiff") and Defendant Deutsche Bank Securities Inc. 2 ("DBSI") by and through their respective counsel of record, hereby stipulate as follows: 3 WHEREAS, Plaintiff filed a First Amended Complaint ("FAC"), asserting 11 causes of 4 action, on March 19, 2010; 5 WHEREAS, the Court issued its order denying DBSI's motion to transfer venue pursuant 6 to 28 U.S.C. § 1404(a) on April 13, 2010; 7 WHEREAS, the parties previously stipulated and the Court ordered that if DBSI's motion 8 to transfer was denied, DBSI would have 30 days to answer or otherwise respond to Plaintiff's 9 operative pleading; 10 WHEREAS, the FAC asserts federal securities fraud, California securities fraud, and 11 common law fraud claims against DBSI in connection with auction-rate securities ("ARS") ­ 12 financial instruments that pay interest at rates set a periodic auctions; 13 WHEREAS, the FAC alleges over the course of 271 paragraphs and 87 pages that DBSI 14 engaged in a comprehensive scheme to defraud Plaintiff by (a) failing to disclose material facts 15 about ARS and (b) manipulated the market for ARS in violation of Section 10(b) of the Securities 16 Exchange Act of 1934 and Rule 10b-5 and in violation of Sections 25500, 25501 and 25504.1 of 17 the California Corporate Securities Law of 1968, which also allegedly constitutes common law 18 fraud; 19 WHEREAS, the parties agree that the FAC's scope and complexity warrant a modest 20 increase in the page limit set by Local Rule 7-4(b) for DBSI's opening brief and Plaintiff's 21 opposition to DBSI's' motion to dismiss, but that the page limit for DBSI's reply brief shall 22 remain 15 pages (exclusive of title pages, indices of cases, table of contents, and exhibits); 23 IT IS THEREFORE STIPULATED AND AGREED, by and between Plaintiff and DBSI, 24 acting through their respective counsel, subject to this Court's approval, as follows: 25 1. 26 or before May 13, 2010, shall not exceed 35 pages in length (exclusive of title pages, indices of 27 cases, table of contents, and exhibits); and 28 1
CASE NO. C 09-03780-SI

DBSI's memorandum of law in support of its motion to dismiss, which is due on

STIPULATION & [PROPOSED] ORDER RE PAGE LIMITS

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2.

Plaintiff's memorandum of law in opposition to DBSI's motion to dismiss shall

not exceed 35 pages (exclusive of title pages, indices of cases, table of contents, and exhibits).

Dated: May 5, 2010

KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C. Mark C. Hansen David L. Schwarz Kevin J. Miller Andrew C. Shen By /s/ Andrew C. Shen Andrew C. Shen Attorneys for Plaintiff The Anschutz Corporation

Dated: May 5, 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.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ________________, 2010 ___________________________________ Honorable Susan Illston United States District Judge

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CASE NO. C 09-03780-SI

STIPULATION & [PROPOSED] ORDER RE PAGE LIMITS