Merrill Lynch, Pierce, Fenner & Smith Incorporated et al v. N.R. Hamm Quarry, LLC

Filing 35

ORDER GRANTING 34 STIPULATION RE: Scheduling. Replies due by 11/9/2012. Motion Hearing set for 12/14/2012 09:00 AM before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 9/4/12. (jjoS, COURT STAFF) (Filed on 9/4/2012)

Case3:12-cv-02127-JSW Document34 Filed08/31/12 Page1 of 4

1

(Attorney list on signature page)

2
3
4

UNITED STATES DISTRICT COURT

5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6

SAN FRANCISCO DIVISION

7
8
9
10

Merrill Lynch, Pierce, Fenner & Smith
Incorporated, as successor by merger to Banc of
America Securities LLC, Jason David Glidden,
and Verlin Olen Dobkins,
Plaintiffs,

11
12
13
14

No. 3:12-cv-02127-JSW

STIPULATION AND [PROPOSED]
SCHEDULING ORDER

v.
N.R. Hamm Quarry, LLC,
Defendant.

15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER
Case No. 3:12-CV-02127-JSW

Case3:12-cv-02127-JSW Document34 Filed08/31/12 Page2 of 4

1

STIPULATION

2

Plaintiffs Merrill Lynch, Pierce, Fenner & Smith Incorporated, as successor by merger to

3

Banc of America Securities LLC (“BAS”), Jason David Glidden, and Verlin Olen Dobkins, and

4

Defendant N.R. Hamm Quarry, LLC, by and through their respective counsel of record, hereby

5

stipulate as follows:

6
7
8

WHEREAS, on August 28, 2012, the parties submitted a stipulation and proposed order
regarding the briefing schedule for Plaintiffs’ cross-motion for summary judgment;
WHEREAS, the parties stipulated that (i) Defendant shall file its opposition to Plaintiffs’ cross-

9

motion for summary judgment (or, subject to satisfaction of Defendant’s discovery requests, a Motion

10

pursuant to Fed. R. Civ. P. 56(d)) by September 28, 2012; (ii) Plaintiffs shall file their reply in support

11

of the cross-motion for summary judgment by November 9, 2012; and (iii) the hearing on Defendant’s

12

motion to dismiss and Plaintiffs’ cross-motion for summary judgment shall be rescheduled for

13

November 16, 2012 or December 7, 2012 (the first available hearing date following the Thanksgiving

14

holiday), at the Court’s convenience;

15

WHEREAS, the proposed order accompanying the stipulation reflected the parties’ agreement,

16

except that it inadvertently stated that Plaintiffs would file their reply in support of the cross-motion for

17

summary judgment by November 2, 2012, instead of November 9, 2012;

18
19

WHEREAS, on August 29, 2012, the Court executed the proposed order and scheduled the
hearing in this matter on December 7, 2012;

20

WHEREAS, Plaintiffs’ counsel are scheduled to appear for a two-day hearing in New York on

21

another matter on December 5 and 6, 2012, and therefore request a brief adjournment of the December

22

7, 2012 hearing date the Court set in the August 29, 2012 order; and

23

WHEREAS, the parties respectfully submit this revised stipulation and proposed order, which

24

(i) accurately reflects the date by which Plaintiffs shall file their reply in support of the cross-motion for

25

summary judgment, and (ii) respectfully requests that the Court reschedule the hearing on Defendant’s

26

motion to dismiss and Plaintiffs’ cross-motion for summary judgment for December 14, 2012.

27

IT IS THEREFORE STIPULATED AND AGREED, by and between Plaintiffs and

28

Defendant, by and through their representative counsel of record, subject to this Court’s approval, as

1
STIPULATION AND [PROPOSED] ORDER
Case No. 3:12-CV-02127-JSW

Case3:12-cv-02127-JSW Document34 Filed08/31/12 Page3 of 4

1
2

follows:
1.

November 9, 2012;

3
4

2.

The hearing on Defendant’s motion to dismiss and Plaintiffs’ cross-motion for summary
judgment shall be rescheduled for December 14, 2012; and

5
6

Plaintiffs shall file their reply in support of the cross-motion for summary judgment by

3.

The Court’s August 29, 2012 order shall otherwise remain in full effect.

7
8

Dated: August 31, 2012

9

O’MELVENY & MYERS LLP

10
11
12
13
14
15

By: ___/s/ B. Andrew Bednark_________
Robin M. Wall, [e-mail]
Two Embarcadero Center, 28th Floor
San Francisco, California 94111
Tel: [phone]
Fax: [phone]

18

Jonathan Rosenberg, [e-mail] (pro hac vice)
B. Andrew Bednark, [e-mail] (pro hac vice)
7 Times Square
New York, New York 10036
Tel: [phone]
Fax: [phone]

19

Attorneys for Plaintiffs

20

GIRARD GIBBS LLP

16
17

21
22
23
24
25
26
27
28

By: __/s/ Jonathan K. Levine_______
Daniel C. Girard, [e-mail]
Jonathan K. Levine, [e-mail]
601 California Street, 14th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
STUEVE SIEGEL HANSON LLP
Norman E. Siegel, [e-mail] (pro hac vice application forthcoming)
Rachel E. Schwartz, [e-mail] (pro hac vice application forthcoming)
Matthew L. Dameron, [e-mail] (pro hac vice application forthcoming)
460 Nichols Road, Suite 200
2
STIPULATION AND [PROPOSED] ORDER
Case No. 3:12-CV-02127-JSW

Case3:12-cv-02127-JSW Document34 Filed08/31/12 Page4 of 4

1
2
3

Kansas City, Missouri 64112
Tel: [phone]
Fax: [phone]
Attorneys for Defendant

4
5

Attestation

6

I hereby attest that I have obtained concurrence in the filing of this Stipulation from all of

7

the parties listed in the signature blocks above.

8

Dated: August 31, 2012

9

By: __/s/ B. Andrew Bednark___________

10

B. Andrew Bednark, Attorney for Plaintiffs

11
12
13
14

[PROPOSED] ORDER
Having reviewed the above stipulation, IT IS HEREBY ORDERED that:
1.

15
16

November 9, 2012;
2.

17
18

Plaintiffs shall file their reply in support of the cross-motion for summary judgment by

The hearing on Defendant’s motion to dismiss and Plaintiffs’ cross-motion for summary
judgment shall be rescheduled for December 14, 2012; and

3.

The Court’s August 29, 2012 order shall otherwise remain in full effect.

19
20
21
22

Dated: August __, 2012
September 4, 2012

__________________________________
The Honorable Jeffrey S. White
United States District Judge

23
24
25
26
27
28
3
STIPULATION AND [PROPOSED] ORDER
Case No. 3:12-CV-02127-JSW