Quesada et al-v-Bank of America Corporation

Filing 34

STIPULATION AND ORDER RE THIRD AMENDED COMPLAINT re 32 Stipulation filed by Elwood Quesada, Banc of America Investment Services, Inc. nka Merrill Lynch, Pierce, Fenner & Smith, Inc., James DeRosa. Signed by Judge Edward M. Chen on 10/25/11. (bpf, COURT STAFF) (Filed on 10/27/2011)

1 LAW OFFICES OF JON E. DRUCKER, PC
JON E. DRUCKER, SBN 139389

2 8306 Wilshire Boulevard # 638

Beverly Hills, California 90211

3 ph(323) 931-6363

fax [phone]

4 Email: [e-mail]
5 Attorneys for Plaintiffs Elwood Quesada,
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James DeRosa, and All Others Similarly Situated

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case No. CV-11-1703-EMC

13 ELWOOD QUESADA AND JAMES

DeROSA and Others Similarly Situated,

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Plaintiffs,
v.
BANC OF AMERICA INVESTMENT

17 SERVICES INC. NKA MERRILL LYNCH
PIERCE FENNER & SMITH, INC.,
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19 Defendant.
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STIPULATION RE THIRD AMENDED
COMPLAINT AND TO TAKE HEARING
ON DEFENDANT’S MOTION TO DISMISS
THE SECOND AMENDED COMPLAINT
OFF CALENDAR ; ORDER
Date:
Time:
Place:

November 21, 2011
2:00 p.m.
Courtroom 3 – 5th Floor

Complaint Filed: February 7, 2011
FAC Filed: May 11, 2011
SAC Filed: September 23, 2011
The Honorable Edward M. Chen

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The parties, Plaintiffs Elwood Quesada and James DeRosa (“Plaintiffs”) and Banc of

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America Investment Services Inc.’s (nka Merrill Lynch Pierce Fenner & Smith, Inc.)

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(“Defendant” or “BOA”), hereby stipulate to Plaintiffs filing of a third amended complaint

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and to take the currently pending Motion to Dismiss (the “Motion”) the Second Amended

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Complaint (“SAC”) off-calendar.

LAWOFFICES OF
JON E. DRUCKER, PC

_Case No. CV-11-01703 EMC_________________________________________________________________________________
RD
ND
STIP & ORDER RE 3

AMENDED COMPLAINT AND TO TAKE HEARING RE 2

AMENDED COMPLAINT OFF-CALENDAR

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WHEREAS, Plaintiffs inadvertently filed an early draft of the SAC that omitted
critical details, and they would like to correct that mistake;
WHEREAS, as a matter of right, Plaintiffs can file a third amended complaint in
response to Defendant’s MTD the SAC;
WHEREAS, Defendant consents to Plaintiffs filing a third amended complaint ,
without waiver of any of its defenses thereto;
WHEREAS, Plaintiffs consent to Defendant having 21-days to respond to the third
amended complaint;
WHEREAS, in light of the filing of a third amended complaint, the currently

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scheduled hearing on the MTD the SAC, now set for November 21, 2011, should go off -

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calendar.

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THEREFORE, the Parties hereby stipulate to Plaintiffs’ filing of a third amended

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complaint on or before October 28, 2010, to Defendant filing its response thereto no later

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than 21-days thereafter, and to take the pending hearing on the MTD the SAC off -calendar.

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Respectfully Submitted,
LAW OFFICES OF JON E. DRUCKER, PC

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Dated: October 25, 2011

By:

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REED SMITH LLP
Dated: October 25, 2011

By:

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/s/
Heather B. Hoesterey
Attorneys for Defendant
BANC OF AMERICA INVESTMENT SERVICES INC.
NKA MERRILL LYNCH PIERCE FENNER & SMITH, INC.,
/

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ORDER

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S

UNITED STATES DISTRICT COURT JUDGE
2

ard M.

NO

LAW OFFICES OF
JON E. DRUCKER, PC

ERED
O ORD
By:_____________________________________________
IT IS S
Chen

RT

dw
Case No. CV-11-01703 EMC
Judge E
RD
ND
STIP & ORDER RE 3 AMENDED COMPLAINT AND TO TAKE HEARING RE 2 AMENDED COMPLAINT OFF-CALENDAR

H

ER

FO

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Dated: October _____, 2011

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RT
U
O

IT IS SO ORDERED.

UNIT
ED

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S DISTRICT
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C
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R NIA

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/s/
Jon E. Drucker
Attorneys for Plaintiffs Elwood Quesada, James DeRosa,
and All Others Similarly Situated

A

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