Kagan et al v. Wachovia Securities, LLC et al

Filing 52

STIPULATION AND ORDER extending Defendants time to respond to Plaintiffs complaint to 12/13/10. Signed by Judge Samuel Conti on 12/7/10. (tdm, COURT STAFF) (Filed on 12/7/2010)

Kagan et al v. Wachovia Securities, LLC et al

Doc. 52

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BINGHAM MCCUTCHEN LLP DONALD DAVIDSON (SBN 231908) KEVIN J. WOODS (SBN 214819) Three Embarcadero Center San Francisco, CA 94111 Telephone: [phone] Fax: [phone] [e-mail] [e-mail] BINGHAM McCUTCHEN LLP MICHAEL D. BLANCHARD (pro hac vice) One State Street Hartford, CT 06103-3178 T 860.240.2700 F 860.240.2800 [e-mail] Attorneys for Defendants Wells Fargo Advisors, LLC, Wells Fargo Advisors Financial Network, LLC, Wells Fargo Securities, LLC, and Wells Fargo & Company UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION THEODORE KAGAN, JAMES AVEN, FRANCES LEVY, ELAINE SOFFA, JOSEPH SOFFA, and ALBERKRACK FAMILY LIMITED PARTNERSHIP, on behalf of themselves and all others similarly situated, Plaintiffs, v. WACHOVIA SECURITIES, LLC, a North Carolina limited liability company; WACHOVIA SECURITIES FINANCIAL NETWORK, LLC, a North Carolina limited liability company; WACHOVIA CAPITAL MARKETS, LLC, a North Carolina limited liability company; WELLS FARGO ADVISORS, LLC, a Delaware limited liability company; WELLS FARGO ADVISORS FINANCIAL NETWORK, LLC, a Delaware limited liability company; WELLS FARGO SECURITIES, LLC, a Delaware limited liability company; WELLS FARGO & COMPANY, a Delaware corporation and DOES 1 through 10, inclusive, Defendants.
A/73582102.1/3003050-0000343638

No. CV 09 5337 SC JOINT STIPULATION BETWEEN PLAINTIFFS AND DEFENDANTS AND [PROPOSED] ORDER RE: DATES FOR FILING RESPONSIVE PLEADING Place: Judge: Courtroom 1 Hon. Samuel Conti

JOINT STIPULATION AND [PROPOSED] ORDER RE: DATES FOR FILING RESPONSIVE PLEADING CV 09 5337 SC
Dockets.Justia.com

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This Stipulation is entered into by and among plaintiffs Theodore Kagan, James Aven, Frances Levy, Elaine Soffa, Joseph Soffa, and Alberkrack Family Limited Partnership (collectively, "Plaintiffs"), on the one hand, and defendants Wells Fargo Advisors, LLC, Wells Fargo Advisors Financial Network, LLC, Wells Fargo Securities, LLC, and Wells Fargo & Company ("Defendants"), on the other hand, with the following facts: A. Plaintiffs filed their First Amended Class Action Complaint in the abovecaptioned matter (the "Amended Complaint") on or about August 6, 2010; B. Defendants filed a motion to dismiss the Amended Complaint on September

C.

On November 23, 2010, the Court denied Defendants' motion to dismiss.

IT IS HEREBY STIPULATED AND AGREED as follows: Defendants' response to the Amended Complaint is currently due on Tuesday

December 7, 2010; 2. Defendants' counsel seek a short, four-business day extension of time to file an

Answer to the Amended Complaint because in-house counsel with authority to approve the Answer is unavailable through the end of the week. Defendants stipulate that they will file an Answer, and not a motion, as their responsive pleading; 3. Defendants submit that the short extension of time to file an Answer will not

delay this matter. Pursuant to a case management conference held on Friday, December 3, 2010, the parties have just begun class discovery, and the matter is scheduled for a status conference April 8, 2011. No other deadlines have been established. 4. Defendants hereby stipulate that this is the final extension that they will request to

file a responsive pleading; // // // // //
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