Falcone v. DLA Piper US LLP Profit Sharing and 401(K) Savings Plan Committee et al

Filing 23

STIPULATION AND ORDER RE: 22 EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO THE AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 3/24/10. (cl, COURT STAFF) (Filed on 3/24/2010)

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Margaret E. Hasselman ­ CA State Bar No. 228529 Nina Wasow ­ CA State Bar No. 242047 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1330 Broadway, Suite 1800 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiff

*E-Filed 3/24/10*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION RICHARD FALCONE, ) ) ) Plaintiff, ) vs. ) ) DLA PIPER US LLP PROFIT SHARING ) AND 401(K) SAVINGS PLAN ) COMMITTEE; CAROL BUSS; LAWRENCE ) A. ROBINS; BANK OF OKLAHOMA, N.A.; ) and DOES 1-100. ) ) Defendants. ) ) Case No. C 09-05555 RS STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO THE AMENDED COMPLAINT

Plaintiff RICHARD FALCONE ("Plaintiff") and Defendants DLA PIPER US LLP PROFIT SHARING AND 401(K) SAVINGS PLAN COMMITTEE, CAROL BUSS, LAWRENCE A. ROBINS and BANK OF OKLAHOMA, N.A. ("Defendants") hereby stipulate, by and through their respective counsel, to extend the time by which all Defendants must file a response to Plaintiff's Amended Complaint. Pursuant to this stipulation, Defendants shall file

STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO THE AMENDED COMPLAINT [CASE NO. C 09-05555 RS]
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their response on or before April 22, 2010. The parties request this extension to respond for the following reasons: 1. This case was initially assigned to Magistrate Judge Chen. Defendants timely

filed their Declination to Proceed before a Magistrate on February 10, 2010. 2. While reassignment to a district court judge was pending, Defendants timely filed

a Motion to Dismiss in response to Plaintiff's Complaint on February 12, 2010. The case was reassigned to Judge Patel on February 17, 2010, and the hearing on the Motion to Dismiss was vacated. 3. Plaintiff filed an Amended Complaint on March 5, 2010. The parties stipulated,

and the Court ordered, that Defendants would have until April 5, 2010, to answer or otherwise respond to the Amended Complaint. The case was reassigned to Judge Seeborg on March 18, 2010. 4. To preserve Defendants' option to file a Motion to Dismiss the Amended

Complaint, and to accommodate Plaintiff's counsel's schedule for responding to any such Motion, the parties hereby stipulate and agree to allow Defendants to file their response to the Amended Complaint by April 22, 2010. The parties have made two previous modifications to the case schedule by stipulation, one which extended the time to respond to the initial Complaint and one which extended the time to respond to the Amended Complaint. This extension will not alter any other dates or deadlines set by Court order. Dated: March 24, 2010 Respectfully submitted, LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. By: /s/Margaret Hasselman (as authorized on 3/24/10) Margaret Hasselman Attorneys for Plaintiff
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STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO THE AMENDED COMPLAINT [CASE NO. C 09-05555 RS]
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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 STIPULATION AND [PROPOSED] ORDER RE EXTENSION OF TIME FOR DEFENDANTS TO RESPOND TO THE AMENDED COMPLAINT [CASE NO. C 09-05555 RS]
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Dated: March 24, 2010

TRUCKER HUSS APC By: /s/Clarissa A. Kang Clarissa A. Kang Attorneys for Defendants

I attest that my firm has obtained Ms. Hasselman's concurrence in the filing of this document. DATED: March 24, 2010 /s/Clarissa A. Kang Clarissa A. Kang PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED:

03/24/10 RICHARD SEEBORG United States District Court Judge

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