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

Filing 210

REQUEST FOR STATEMENT FROM PLAINTIFFS' COUNSEL REGARDING CITATIONS IN BRIEFING REGARDING ERNST & YOUNG LLC. Signed by Judge Alsup on August 29, 2011. (whalc2, COURT STAFF) (Filed on 8/29/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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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,
Plaintiffs,

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No. C 10-03588 WHA

v.

REQUEST FOR STATEMENT FROM
PLAINTIFFS’ COUNSEL REGARDING
CITATIONS IN BRIEFING REGARDING
ERNST & YOUNG LLC

SKY BELL ASSET MANAGEMENT,
LLC, et al.,
Defendants.
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In briefing regarding the issues held in abeyance from Ernst & Young LLC’s motion to

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dismiss, plaintiffs state that “the engagement letter between Eden Rock Finance Fund LP and

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E&Y dated July 18, 2007 specifically provides that, ‘[E&Y] will report to the partnership’s

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partners as to whether, in our opinion the accounts have been properly prepared in accordance

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with generally accepted accounting principles in the United States of America....’ Dkt. No.

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113-1” (Dkt. No. 186 at 8). Yet, there is no such thing on our docket as docket number 113-1.

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Upon review, the Court could not find any document like the one referenced by plaintiffs.

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Similarly, plaintiffs state “E&Y’s engagement letter demands full access to ‘member registers.’

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Ex. D at 0000037” (ibid.). There is no page 0000037 in the record.

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Plaintiffs’ counsel shall have until NOON ON WEDNESDAY, AUGUST 31, 2011, to file a
statement regarding where the quoted items can be found in the existing record. Plaintiffs’
counsel may not augment the record, i.e., they may not file new documents in which such

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passages may be found if they are not already in our record. Plaintiffs’ counsel may solely point

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to where in the existing record these passages may be found (or state that they are not in our

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record).

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IT IS SO ORDERED.
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Dated: August 29, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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