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)

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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: ccooke@ckwlaw.com jkobrick@ckwlaw.com Tel: (650) 638-2370 Fax: (650) 350-4333 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: (310) 961-2536 Facsimile: (310) 526-6852 Email: steventhomas@tafattorneys.com emilyalexander@tafattorneys.com markforrester@tafattorneys.com 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

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