William S. Young-V-Bank of Nova Scotia et al

Filing 12

STIPULATION AND ORDER re 11 Stipulation to Extend Time to Respond to the Complaint Pending LPML Decision. Signed by Judge Vince Chhabria on 6/11/2014. (knm, COURT STAFF) (Filed on 6/11/2014)

Terry Gross (Bar No. 103878)
[e-mail]
GROSS BELSKY ALONSO LLP
One Sansome Street, Ste. 3670
San Francisco California 94104
Telephone: ( 415) 544-0200
Facsimile: [phone]
Attorneys for Plaintiff William S. Young

Michael S. Feldberg
[e-mail]
Todd S. Fishman
[e-mail]
ALLEN & OVERY LLP
1221 Avenue of the Americas
New York, New York 10020
Tel: [phone]
Fax: [phone]
Attorneys for Defendant Barclays Bank PLC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
------------------------------------x
WILLIAM S. YOUNG, on behalf of himself
:
and all others similarly situated,
:

Case No. CV 14-01669 (VC)
Hon. Vince Chhabria

Plaintiff,

:
:

v.
:
BANK OF NOVA SCOTIA, et al.,

PLAINTIFF AND DEFENDANT
BARCLAYS BANK’S
STIPULATION TO EXTEND
TIME TO RESPOND TO
COMPLAINT (L.R. 6-1)

:

Defendants.
:
------------------------------------x

WHEREAS, plaintiff William S. Young filed a complaint in the referenced civil action
on April 10, 2014 (the “Complaint”);

WHEREAS, other plaintiffs have filed twenty-five complaints in the Southern District of
New York or elsewhere, asserting substantially similar allegations and claims as in this action
(“Related Actions”);
WHEREAS, on April 14, 2014, plaintiff Kevin Maher and plaintiff Eric Nalven moved
the Judicial Panel on Multidistrict Litigation (“JPML”), in proceedings styled In re: Commodity
Exchange Inc., Gold Futures and Options Trading Litigation, MDL No. 2548, to transfer and
centralize this action and the Related Actions in the Southern District of New York;
WHEREAS, Plaintiff purports to have served certain defendant Barclays Bank PLC
(“Barclays”) with the Complaint;
WHEREAS, for the sake of efficiency and good order, the parties wish to permit
sufficient time for transfer and centralization before the Barclays is required to answer, move
against or otherwise respond to the Complaint;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, PURSUANT TO
CIVIL LOCAL RULE 6-1:
1.

Barclays’ time to answer, move against or otherwise respond to the Complaint is

suspended until such time as the JPML consolidation proceedings conclude and a schedule has
been set for filing and responding to whatever consolidated amended complaint is ultimately to
be filed in the district court determined by the JPML.
2.

Barclays agrees that service of the Complaint has been effected. Nothing in this

Stipulation shall constitute (i) a waiver of any defense that Barclays may have, and all such
defenses, including those related to lack of personal jurisdiction or venue, are expressly reserved,
or (ii) a waiver of any position that plaintiff may have as to consolidation or coordination and
plaintiff expressly reserves all such positions.

-2-

3.

No prior application has been made for the relief requested herein.

Dated: June 10, 2014

GROSS BELSKY ALONSO LLP

By:

/s/ Terry Gross
.
Terry Gross (Bar No. 103878)
Attorneys for Plaintiff William S. Young

ALLEN & OVERY LLP

/s/ Todd S. Fishman
.
Todd S. Fishman
Attorneys for Defendant Barclays Bank PLC

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Date: June 11, 2014

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