Tuttle et al v. Sky Bell Asset Management LLC et al

Filing 126

ORDER GRANTING DEFENDANT ERNST & YOUNG LLC LEAVE TO FILE MOTION TO DISMISS AND SCHEDULING ORDER by Judge Alsup granting 125 Motion for Leave to File (whalc2, COURT STAFF) (Filed on 5/6/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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EDGAR W. TUTTLE, ERIC BRAUN, THE
BRAUN FAMILY TRUST, and WENDY
MEG SIEGEL, on behalf of themselves and all
others similarly situated,
No. C 10-03588 WHA

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Plaintiffs,
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v.
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SKY BELL ASSET MANAGEMENT, LLC, et
al.,

ORDER GRANTING DEFENDANT
ERNST & YOUNG LLC LEAVE TO
FILE MOTION TO DISMISS AND
SCHEDULING ORDER

Defendants.
/

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Pursuant to the second amended case management order, newly-appearing defendant

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Ernst & Young LLC, has filed a précis requesting leave to file a motion to dismiss, to assert

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insufficient service of process and lack of personal jurisdiction. Ernst & Young has been

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named as an auditor defendant, and its counsel have filed a notice of appearance concurrent

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with the filing of their précis.

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Any opposition to the précis would be due on Monday, May 9, but because that is also

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the deadline for the other auditor defendants to file their motion to dismiss — which Ernst &

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Young wishes to join — based on other grounds, and because the précis states that plaintiffs do

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not oppose, leave will be granted at this time. In the future, however, the parties shall please

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endeavor to file such précis with enough time to account for effective case management in light

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of the standing opposition deadline.

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Defendant Ernst & Young’s request for leave to file a motion to dismiss is GRANTED,

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with the following conditions. Defendant’s opening brief is due on MAY 12, 2011, and shall be

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limited to 15 pages. Defendant shall notice the hearing on the motion for JUNE 16, 2011, AT

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2:00 P.M. Opposition and reply deadlines are set accordingly by the local rules. The opposition

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brief shall be limited to 15 pages, and the reply brief shall be limited to 10 pages. Counsel for

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both sides shall please do their best to minimize exhibits.

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The précis indicates that the other auditor defendants plan to move to dismiss the second

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amended complaint rather than answer, with a filing deadline of May 9, pursuant to the order

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granting in part, denying in part, and holding in abeyance in part defendants’ motions to dismiss

United States District Court
For the Northern District of California

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dated April 11. Ernst & Young is granted leave to join that motion. The auditor defendants

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shall also notice that motion for JUNE 16, 2011, AT 2:00 P.M.

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IT IS SO ORDERED.

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Dated: May 6, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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