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

Filing 15

Order as Modified by Hon. Vince Chhabria granting 14 Stipulation to Vacate the Initial Case Management Conference.(knm, COURT STAFF) (Filed on 7/23/2014)

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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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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WILLIAM S. YOUNG, on behalf of himself
and all others similarly situated,

Hon. Vince Chhabria

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Plaintiff,

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Case No. CV 14-01669 (VC)

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

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PLAINTIFF AND DEFENDANT
BARCLAYS BANK’S
STIPULATION AND [PROPOSED]
ORDER TO ADJOURN
INITIAL CASE MANAGEMENT
CONFERENCE (L.R. 6-2)
AS MODIFIED

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

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WHEREAS, other plaintiffs have filed twenty-eight complaints in the Southern District

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of New York or elsewhere, asserting substantially similar allegations and claims as in this action

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(“Related Actions”);
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PLTF AND DEF BARCLAYS BANK’S STIPULATION AND [PROP] ORDER TO ADJOURN
INITIAL CASE MANAGEMENT CONFERENCE (L.R. 6-2)

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WHEREAS, on April 14, 2014, plaintiff Kevin Maher and plaintiff Eric Nalven moved

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the Judicial Panel on Multidistrict Litigation (“JPML”), in proceedings styled In re: Commodity

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Exchange Inc., Gold Futures and Options Trading Litigation, MDL No. 2548, to transfer and

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centralize this action and the Related Actions in the Southern District of New York;

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WHEREAS, on April 30, 2014, the Court entered an order setting the initial Case

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Management Conference in this action for August 1, 2014 and ordering the parties to file a Joint

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Case Management Statement and Proposed Case Management Order no later than 7 calendar

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days before the Case Management Conference;

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WHEREAS, on June 11, 2014, the Court so ordered a stipulation between Young and

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Defendant Barclays Bank PLC (“Barclays”) suspending Barclays’ time to answer, move against

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or otherwise respond to the Complaint until such time as the JPML consolidation proceedings

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conclude and a schedule has been set for filing and responding to whatever consolidated

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amended complaint is ultimately to be filed in the district court determined by the JPML;

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WHEREAS, on July 31, 2014, the JPML will hear argument on the pending motion to

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transfer and centralize this action and the Related Actions in the Southern District of New York;

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WHEREAS, for the sake of efficiency and good order, the parties wish to permit

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sufficient time for transfer and centralization before the parties are required to appear for the

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initial Case Management Conference and to file a Joint Case Management Statement and

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Proposed Case Management Order;

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WHEREAS, the declaration of Terry Gross in support of this stipulation is filed
concurrently herewith;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, PURSUANT TO
CIVIL LOCAL RULE 6-2:
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The initial Case Management Conference and the parties’ obligation to submit a

Joint Case Management Statement and Proposed Case Management Order are vacated.
2.

Within fifteen days after the JPML rules on the pending motion to transfer, the

parties will notify the Court and, if the JPML has transferred the Related Actions to this Court,

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2
PLTF AND DEF BARCLAYS BANK’S STIPULATION AND [PROP] ORDER TO ADJOURN
INITIAL CASE MANAGEMENT CONFERENCE (L.R. 6-2)

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will request that the Court set a new Case Management Conference date that will include this

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action and the Related Actions.

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3.

Nothing in this Stipulation shall constitute (i) a waiver of any defense that

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Barclays may have, and all such defenses, including those related to lack of personal jurisdiction

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or venue, are expressly reserved, or (ii) a waiver of any position that plaintiff may have as to

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consolidation or coordination and plaintiff expressly reserves all such positions.

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4.

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5. A case management conference is set for October 21, 2014, at 10:00 a.m. with an updated
joint case management statement to be filed by October 14, 2014.

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

Dated: July 18, 2014
GROSS BELSKY ALONSO LLP

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By:

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

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ALLEN & OVERY LLP

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By:

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

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S

ER

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e Chha

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J u d ge V

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RT

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NO

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DERED
SO OR
IT I Chhabria IFIED
Hon. VinceS
D
AS MO
Judge of the United States District Court

LI

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Dated: July 23 , 2014

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UNIT
ED

IT IS SO ORDERED.
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S DISTRICT
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PLTF AND DEF BARCLAYS BANK’S STIPULATION AND [PROP] ORDER TO ADJOURN
INITIAL CASE MANAGEMENT CONFERENCE (L.R. 6-2)

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SIGNATURE ATTESTATION
I hereby attest that I have on file all holographic signatures corresponding to any
signatures indicated by a conformed signature (/S/) within this e-filed document.

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/s/ TERRY GROSS
Terry Gross

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PLTF AND DEF BARCLAYS BANK’S STIPULATION AND [PROP] ORDER TO ADJOURN
INITIAL CASE MANAGEMENT CONFERENCE (L.R. 6-2)

CERTIFICATE OF SERVICE

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I certify that on July 18, 2014, I electronically filed the foregoing with the Clerk of the
Court of the United States District Court for the Northern District of California by using the

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USDC CM/ECF system and that all registered CM/ECF users will be served by the USDC
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CM/ECF system.
/s/ TERRY GROSS
Terry Gross

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PLTF AND DEF BARCLAYS BANK’S STIPULATION AND [PROP] ORDER TO ADJOURN
INITIAL CASE MANAGEMENT CONFERENCE (L.R. 6-2)