Hurst v. FutureSelect Portfolio Management, Inc. et al

Filing 34

STIPULATION AND ORDER Status Conference set for 11/18/2011 is continued to 1/27/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 8/28/11. (tdm, COURT STAFF) (Filed on 9/29/2011)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

CHRISTOPHER C. COOKE (SBN 142342)
JEFFREY W. KOBRICK (SBN 225750)
COOKE KOBRICK & WU LLP
177 Bovet Road, Suite 600
San Mateo, CA 94422
Email: [e-mail]
[e-mail]
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff
STEPHEN S. HURST
STEVEN W. THOMAS (SBN 168967)
EMILY ALEXANDER (SBN 220595)
MARK FORRESTER (SBN 208097)
THOMAS, ALEXANDER & FORRESTER LLP
14 27th Avenue
Venice, California 90291
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
FUTURESELECT PORTFOLIO MANAGEMENT, INC.,
FUTURESELECT PRIME ADVISOR II LLC,
ALDARRA FUND SPC and
RONALD C. WARD

19

UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA

21

STEPHEN S. HURST,

22
23
24
25
26

Plaintiff,
vs.
FUTURESELECT PORTFOLIO
MANAGEMENT INC., et. al,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No.: 3:11-CV-03364 SC
STIPULATION AND [PROPOSED]
ORDER CHANGING DATE OF INITIAL
CASE MANAGEMENT CONFERENCE

27
28

-1____________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER
Case No.: 3:11-CV-003364 SC

1

WHEREAS, on July 18, 2011, defendants filed a motion to dismiss this action;

2

WHEREAS, on August 8, 2011, plaintiff filed a motion to remand this action to the

3

California Superior Court and asserts in this motion that the Court lacks subject matter jurisdiction

4

over this action that is scheduled for a hearing on November 18, 2011;

5
6
7
8
9
10
11
12
13
14
15
16
17

WHEREAS, the Court has currently scheduled the parties’ initial case management
conference for November 18, 2011, which is also the hearing date for the parties’ motions;
WHEREAS, the parties agree that it would be a more efficient and better use of the Court
and the parties’ resources if the Court issues a ruling on the pending motions before the parties have
to prepare for and attend a case management conference;
IT IS HEREBY STIPULATED, by the parties, through their respective counsel, as follows:
1.

The Case Management Conference set for November 18, 2011 at 10 a.m. in

Courtroom No. 1, shall be continued until 10 a.m., January 27, 2012 in Courtroom No. 1;
2.

The parties shall meet and confer in advance of the case management conference

and file an ADR Certification and Stipulation regarding ADR process (or Notice of Need for ADR
Conference) by no later than December 31, 2011, exchange their initial disclosures by no later than
January 6, 2012 and submit a case management conference statement to the Court by no later than
January 12, 2012. SO STIPULATED:
Dated: September 27, 2011

COOKE, KOBRICK, & WU LLP

18

By:_________/s/_______________________________
CHRISTOPHER C. COOKE
Attorneys for Plaintiff

19
20

R NIA

amu

Judge S

RT
E

H

28

NO

27

DERED

O OR
_______________________________________
IT IS S
The Hon. Samuel Conti
UNITED STATES DISTRICT JUDGE ti
el Con
FO

26

September 28, 2011
DATED: ________________________

LI

25

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ISTRIC
ES D
TC
AT
T

RT
U
O

24

By:_________/s/_______________________________
EMILY ALEXANDER
Attorneys for Defendants

A

23

THOMAS, ALEXANDER & FORRESTER LLP

S

22

Dated: September 27, 2011

UNIT
ED

21

C
RN
-2F
D IS T IC T O
____________________________________________________________________________
R
STIPULATION AND [PROPOSED] ORDER
Case No.: 3:11-CV-003364 SC

1

ATTESTATION OF CONSENT OBTAINED FROM SIGNATORIES

2

(GENERAL ORDER 45)

3

Pursuant to General Order 45, I hereby attest that I obtained the concurrence of all signatories

4

on this document to file this document on their behalf with the Court. I declare under penalty of

5

perjury of the laws of the United States of America that the foregoing is true and correct.

6
7
8

Executed on September 27, 2011

____________/s/___________________
Christopher Cooke

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3____________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER
Case No.: 3:11-CV-003364 SC