Zhu v. UCBH Holdings, Inc. et al

Filing 137

ORDER GRANTING 136 Stipulation EXTENDING TIME TO FILE CONSOLIDATED AMENDED COMPLAINT AND ADJUSTING RELATED DEADLINES. Case Management Statement due by 12/29/2010. Initial Case Management Conference set for 1/7/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 5/17/10. (jjoS, COURT STAFF) (Filed on 5/17/2010)

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Laurence M. Rosen (SBN # 219683) THE ROSEN LAW FIRM, P.A. 333 South Grand Avenue, 25th Floor Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone] Email: [e-mail] and Phillip Kim, Esq. (pro hac vice) THE ROSEN LAW FIRM, P.A. 350 Fifth Avenue, Suite 5508 New York, New York 10118 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Lead Counsel for Lead Plaintiff Kyung Cho and Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) GUOHUA ZHU, INDIVIDUALLY AND Case No. CV 09-04208-JSW ) ON BEHALF OF ALL OTHERS ) SIMILARLY SITUATED, ) CLASS ACTION ) Plaintiff, ) STIPULATION AND [PROPOSED] ) ORDER EXTENDING TIME TO FILE vs. ) CONSOLIDATED AMENDED ) COMPLAINT AND ADJUSTING UCBH HOLDINGS, INC., THOMAS S. ) RELATED DEADLINES WU, AND EBRAHIM SHABUDIN, ) ) Hon. Jeffrey S. White Defendants. ) WHEREAS, on March 12, 2010 court-appointed Lead Plaintiff Kyung Cho ("Plaintiff") filed a Joint Case Management Statement (docket no. 128), requesting that Plaintiff be allowed to file the consolidated amended complaint on May 24, 2010--the 1 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE CONSOLIDATED AMENDED COMPLAINT AND ADJUSTING RELATED DEADLINES Case no. CV 09-04208-JSW

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date when it was estimated that the FDIC Office of Inspector General would issue a Material Loss Review report concerning UCBH Holdings, Inc.'s ("UCBH") bank failure; WHEREAS, Plaintiff's counsel recently learned from the FDIC Office of Inspector General that the Material Loss Review report concerning UCBH is to be issued on July 20, 2010; WHEREAS, Plaintiff's counsel should have an opportunity to examine UCBH's Material Loss Review prior to filing the consolidated amended complaint because it will further judicial economy. Under Section 38(k) of the Federal Deposit Insurance Act, a Material Loss Review will ascertain the reasons for UCBH's failure. Thus, UCBH's Material Loss Review may streamline the consolidated amended complaint, narrow the issues on the anticipated motions to dismiss, and/or may cause certain defendants to answer rather than move; WHEREAS, on March 22, 2010 the Court entered an Order (docket no. 135) setting the following schedule: Amended complaint due by May 24, 2010; Responsive pleading due by July 23, 2010; Case management statement due by October 1, 2010; and Case management conference set for October 8, 2010, at 1:30 p.m.

WHEREAS, Plaintiff's counsel has conferred with counsel for E. Lynn Schoenmann, Chapter 7 Trustee of UCBH Holdings, Inc., and the Trustee does not object to this Stipulation; IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that: 1. The current schedule should be adjusted as follows: Amended complaint due by August 10, 2010; Responsive pleading due by October 11, 2010; and

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The case management conference should be adjourned to a date 77 days following the responsive pleading deadline and the case management statement deadline should be seven days prior to the new date.

SO STIPULATED Dated: May 13, 2009 LAURENCE M. ROSEN (SBN # 219683) [e-mail] The Rosen Law Firm, P.A. 333 South Grand Avenue 25th Floor Los Angeles, CA 90071 Tel.: [phone] Fax: [phone] and PHILLIP KIM (pro hac vice) [e-mail] The Rosen Law Firm, P.A. 350 5th Avenue Suite 5508 New York, NY 10118 Tel: [phone] Fax: [phone] By: /s/ Phillip Kim Phillip Kim Lead Counsel for Lead Plaintiff Kyung Cho

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Dated: May 13, 2010

ANNA ERICKSON WHITE MORRISON & FOERSTER LLP By: /s/ Anna Erickson White Anna Erickson White Attorneys for Defendant Craig On ** Signed by filing party with consent.

Dated: May 13, 2010

TIMOTHY P. CRUDO LATHAM & WATKINS LLP By: /s/ Timothy P. Crudo Timothy P. Crudo Attorney for Defendant Thomas Wu ** Signed by filing party with consent

Dated: May 13, 2010

JAMES A. LASSART ROPERS, MAJESKI, KOHN & BENTLEY By: /s/ James A. Lassart James A. Lassart Attorney for Defendant Ebrahim Shabudin ** Signed by filing party with consent.

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IT IS SO ORDERED. IT IS FURTHER ORDERED THAT: 1. The case management conference scheduled for October 8, 2010, at 1:30 p.m. January 7, 2011 1:30 p. is adjourned to ___________ __, 2010 at __:__ _.m.; and 2. The parties' case management statement is due _________ 29 2010. December __,

May 17 Dated: _______________, 2010

____________________________________ The Honorable Jeffrey S. White United States District Judge

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