McDaniel et al v. Wells Fargo Investments, LLC et al

Filing 21

STIPULATION AND ORDER setting Rule 12 motion briefing schedule. Signed by Judge Samuel Conti on 4/27/11. (tdm, COURT STAFF) (Filed on 4/28/2011)

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MALCOLM A. HEINICKE (State Bar No. 194174)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street, Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone: [phone]
Facsimile:
[phone]

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TERRY E. SANCHEZ (State Bar No. 101318)
SHOSHANA E. BANNETT (State Bar. No. 241977)
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, Thirty-Fifth Floor
Los Angeles, California 90071-1560
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DOUGLAS K. McDANIEL and BRYAN
CLARK, on behalf of themselves, all
others similarly situated, and the general
public,
Plaintiffs,

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CASE NO. CV 10 4916 SC
STIPULATION AND [PROPOSED]
ORDER SETTING RULE 12 MOTION
BRIEFING SCHEDULE

vs.
WELLS FARGO INVESTMENTS, LLC, a
Delaware limited liability company,
WELLS FARGO BANK, N.A., a National
Association, WELLS FARGO
ADVISORS, LLC, formerly known as
Wachovia Securities, LLC, a Delaware
limited liability company, and DOES 1
through 50 inclusive,

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Defendants.
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13846945.1

STIPULATION AND [PROPOSED] ORDER RE:
BRIEFING SCHEDULE
CASE NO. CV 10 4916 SC

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WHEREAS, Plaintiffs have filed the instant putative class action relating to their
employment with Defendants;

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WHEREAS, Defendants intend to file a motion pursuant to Rule 12 of the Federal Rules
of Civil Procedure in response to the First Amended Complaint;

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WHEREAS, the parties have met and conferred and determined that June 24, 2011 would

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be a mutually acceptable hearing date, and Defendants have reserved June 24, 2011 at 10 a.m. for

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the hearing on Defendants’ motion;

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WHEREAS, the parties have agreed to a schedule for briefing on the motion to dismiss;

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NOW THEREFORE, Plaintiffs and Defendants through their counsel of record stipulate

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to the following and respectfully request an order to this effect:

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13846945.1

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STIPULATION AND [PROPOSED] ORDER RE:
BRIEFING SCHEDULE
CASE NO. CV 10 4916 SC

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IT IS HEREBY STIPULATED that the Opening Memorandum for Defendants’ Rule 12

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motion is due on May 6, 2011, Plaintiffs’ Opposition Memorandum is due on May 27, 2011, and

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Defendants’ Reply Memorandum is due on June 10, 2011 (fourteen days before the hearing as

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required by the Civil Local Rules).

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DATED: April 26, 2011

Law Offices Of William P. Torngren
WILLIAM P. TORNGREN

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By /s/ William P. Torngren
WILLIAM P. TORNGREN

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Attorneys for Plaintiffs

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DATED: April 26, 2011

Munger, Tolles & Olson LLP

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By: /s/ Malcolm A. Heinicke
MALCOLM A. HEINICKE

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Attorneys for Defendants1

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April 27, 2011

_________________________________
onti
amuel C
THE HONORABLESSAMUEL CONTI
Judge

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FO

H

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ER

LI

RT

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ERED

O ORD

IT IS S

NO

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ISTRIC
ES D
TC
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R NIA

before the hearing as required by the Civil Local Rules).

RT
U
O

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on May 27, 2011, and Defendants’ Reply Memorandum is due on June 10, 2011 (fourteen days

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Defendants’ Rule 12 motion is due on May 6, 2011, Plaintiffs’ Opposition Memorandum is due

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PURSUANT TO STIPULATION, IT IS SO ORDERED, that the Opening Memorandum for

UNIT
ED

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N

F
D IS T IC T O
R

C

I, Malcolm A. Heinicke, am the ECF User whose identification and password are being
used to file this STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING
SCHEDULE In compliance with General Order 45.X.B., I hereby attest that William P. Torngren
concurred in this filing.
13846945.1

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STIPULATION AND [PROPOSED] ORDER RE:
BRIEFING SCHEDULE
CASE NO. CV 10 4916 SC