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

Filing 186

ORDER continuing motion and cmc to 10/26/10 (tf, COURT STAFF) (Filed on 9/7/2010)

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

Doc. 186

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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] 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 TO CONTINUE THE HEARING ON PENDING MOTIONS AND TO RESCHEDULE THE CASE MANAGEMENT CONFERENCE Judge: Hon. Susan Illston

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

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Dockets.Justia.com

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Plaintiff The Anschutz Corporation ("Plaintiff"), and Defendants Deutsche Bank Securities Inc. ("DBSI"), Fitch, Inc., Fitch Ratings Ltd, and The McGraw-Hill Companies, Inc. ("McGraw-Hill," and collectively "Defendants"), by and through their counsel of record, hereby stipulate as follows: WHEREAS, Plaintiff filed a First Amended Complaint on March 19, 2010; WHEREAS, the Court issued its order denying DBSI's motion to transfer venue pursuant to 28 U.S.C. § 1404(a) on April 13, 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 (i.e. May 13, 2010), if any defendant filed a motion to dismiss, Plaintiff would serve its opposition within 45 days after service of any such motion to dismiss (i.e. June 28, 2010), and Defendants would have 30 days to serve any reply (i.e. July 30, 2010) (the "Previous Stipulation and Court Order"); WHEREAS, on May 13, 2010, Defendants filed the following motions: DBSI filed (1) a Motion to Dismiss Plaintiff's First Amended Complaint; (2) a Motion to Strike Portions of Plaintiff's First Amended Complaint; and (3) a Request for Judicial Notice in Support of Its Motion to Dismiss Plaintiff's First Amended Complaint; Fitch, Inc., Fitch Ratings Ltd, and McGraw-Hill (collectively, the "Rating Agencies") filed (1) a Joint Motion to Dismiss the First Amended Complaint; and (2) a Request for Judicial Notice; and Fitch Ratings Ltd filed a Motion to Dismiss the First Amended Complaint for Lack of Personal Jurisdiction Pursuant to Rule 12(b)(2) (collectively, "Defendants' Motions" or the "Motions"); WHEREAS, to account for the briefing schedule as stipulated by the parties, and ordered by the Court in the Previous Stipulation and Court Order, the parties stipulated and the Court ordered, on May 28, 2010, that the hearing on Defendants Motions would be continued to

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September 24, 2010 at 9:00 a.m. and that the initial case management conference would be continued to October 1, 2010 at 2:30 p.m.; WHEREAS, on June 28, 2010, Plaintiff filed a Request for Judicial Notice in support of its oppositions to Defendants' motions to dismiss that was noticed for September 24, 2010 at 9:00 a.m.; WHEREAS, on August 20, 2010, the Court issued a Notice continuing the hearing on Defendants' Motions and Plaintiff's Request for Judicial Notice to October 1, 2010 at 9:00 a.m.; WHEREAS, certain parties are unavailable with respect to the October 1, 2010, 9:00 a.m., hearing date; WHEREAS, Plaintiff and Defendants have met and conferred with regard to a hearing date on Defendants' Motions and Plaintiff's Request for Judicial Notice and agree to continue the hearing date to October 26, 2010 at 9:00 a.m. and also agree to continue the initial case management conference to October 26, 2010 at 2:30 p.m.; WHEREAS, all discovery has been stayed pending resolution of Defendants' Motions; 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. The hearing on Defendants' Motions and Plaintiff's Request for Judicial Notice shall be continued to October 26, 2010 at 9:00 a.m.; and /// /// /// /// /// /// /// /// ///

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2. The initial case management conference currently scheduled for October 1, 2010 shall be rescheduled to October 26, 2010 at 2:30 p.m.. Dated: August 30, 2010 /s/ Andrew C. Shen Mark C. Hansen David L. Schwarz (206257) Kevin J. Miller (pro hac vice) Andrew C. Shen (pro hac vice) KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C. 1615 M Street, N.W., Suite 400 Washington, D.C. 20036 R. Alexander Saveri (173102) Geoffrey C. Rushing (126910) SAVERI & SAVERI, INC. 706 Sansome Street San Francisco, CA 94111-5619 Attorneys for The Anschutz Corporation

Dated: August 30, 2010

__/s/ Jonathan A. Patchen_______ Stephen E. Taylor (58452) Jonathan A. Patchen (237346) Stephen McG. Bundy (253017) TAYLOR AND COMPANY LAW OFFICES, LLP One Ferry Building, Suite 355 San Francisco, CA 94111 Martin Flumenbaum (pro hac vice) Roberta A. Kaplan (pro hac vice) Andrew J. Ehrlich (pro hac vice) Tobias J. Stern (pro hac vice) PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY 10019 Attorneys for Fitch, Inc. and Fitch Ratings Ltd

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Dated: August 30, 2010

__/s/ David T. Biderman____________ David T. Biderman (101577) Farschad Farzan (215194) PERKINS COIE LLP 1620 26th Street, Sixth Floor, South Tower Santa Monica, CA 90404 Floyd Abrams S. Penny Windle Tammy L. Roy CAHILL GORDON & REINDEL LLP 80 Pine Street New York, NY 10005 Attorneys for The McGraw-Hill Companies, Inc.

Dated: August 30, 2010

__/s/ Elizabeth A. Frohlich____________ Elizabeth A. Frohlich (195454) Jami Wintz McKeon (237923) MORGAN, LEWIS & BOCKIUS, LLP One Market, Spear Street Tower San Francisco, CA 94105 Attorneys for Deutsche Bank Securities Inc.

15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: ________________, 2010 ___________________________________ Honorable Susan Illston United States District Judge PURSUANT TO STIPULATION, IT IS SO ORDERED.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: August 30, 2010

GENERAL ORDER 45 CERTIFICATION I, Elizabeth A. Frohlich, hereby attest pursuant to N.D. Cal. General Order No. 45 that the concurrences to the filing of this document has been obtained from each signatory hereto. 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.

CASE NO. C 09-3780-SI GENERAL ORDER 45 CERTIFICATION