Crago v. Charles Schwab & Co., Inc. et al

Filing 41

STIPULATION AND ORDER 39 TO SET DEADLINE FOR FILING NEW COMPLAINT AND SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS. Signed by Judge Richard Seeborg on 11/18/16. (cl, COURT STAFF) (Filed on 11/18/2016)

1
2
3
4
5
6
7
8
9
10
11
12

ARNOLD & PORTER LLP
GILBERT R. SEROTA (75305)
[e-mail]
ERICA M. CONNOLLY ( 288822)
[e-mail]
Three Embarcadero Center, 7th Floor
San Francisco, California 94111-4024
Telephone: [phone]
Facsimile: [phone]
LOWELL HAKY (178526)
Vice President and Associate General Counsel
MAI KLAASSEN ( 209546)
Vice President and Associate General Counsel
CHARLES SCHWAB & CO., INC.
211 Main Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants THE CHARLES SCHWAB
CORPORATION and
CHARLES SCHWAB & CO., INC.

13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16
17

ROBERT CRAGO, Individually And On Behalf
Of All Others Similarly Situated,

Case No. 3:16-cv-3938-RS

18
Plaintiff,
19
v.
20
21
22
23

THE CHARLES SCHWAB CORPORATION,
CHARLES SCHWAB & CO., INC., CHARLES
R. SCHWAB, and WALTER W. BETTINGER
II,

STIPULATION AND [PROPOSED]
ORDER TO SET DEADLINE FOR
FILING NEW COMPLAINT AND
SETTING BRIEFING SCHEDULE FOR
MOTION TO DISMISS

Defendants.

24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER

Case No. 16-cv-3938-RS

1

WHEREAS, pursuant to the PSLRA (see 15 U.S.C. §78u-4(a)(3)(i)(II)) and Civ. L.R. 23-

2

1(b), on November 2, 2016, the Court appointed Robert Wolfson and Frank Pino (“Plaintiffs”) as

3

lead plaintiffs of the putative class and Glancy Prongay & Murray LLP and Bragar Eagel & Squire,

4

P.C., as lead counsel for the putative class;

5

WHEREAS, Defendants The Charles Schwab Corp. and Charles Schwab & Co., Inc.

6

(collectively “Schwab”) have met and conferred with Plaintiffs’ counsel about filing a new

7

complaint and a briefing schedule for Schwab’s motion to dismiss;

8
9

WHEREAS, the parties have agreed to the following schedule for the filing of the new
complaint and for the briefing of Schwab’s motion to dismiss:

10

January 13, 2017:

Filing New Complaint

11

March 3, 2017:

Schwab’s Motion To Dismiss

12

April 14, 2017:

Plaintiffs’ Opposition to Schwab’s Motion

13

May 12, 2017:

Schwab’s Reply

14
15
16
17
18

WHEREAS, the Court continued the October 13, 2016 initial case management conference
until January 5, 2017, with a case management statement due December 29, 2017 (see Dkt. No. 24);
WHEREAS, pursuant to the PSLRA, 15 U.S.C. § 78i-4(b)(3)(B), discovery generally shall
be stayed during the pendency of a defendant’s anticipated motion to dismiss;
WHEREAS, the parties further agree that in light of the foregoing circumstances and in the

19

interest of judicial efficiency, administration and justice, as well as conservation of judicial and

20

private resources, the Initial Case Management Conference should be continued until after the Court

21

has decided Schwab’s motion to dismiss and there is an operative complaint on file;

22

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, SUBJECT TO

23

APPROVAL BY THIS COURT, by these parties through their respective counsel of record, as

24

follows:

25

1.

Plaintiffs’ deadline to file a new complaint will be January 13, 2017;

26

2.

Schwab’s deadline to file its motion to dismiss will be March 3, 2017;

27

3.

Plaintiffs’ deadline to file its opposition to Schwab’s motion will be April 14, 2017;

28

4.

Schwab’s deadline to file its reply to its motion will be May 12, 2017;
-1-

STIPULATION AND [PROPOSED] ORDER

Case No. 16-cv-3938-RS

1

5.

The initial case management conference and all accompanying deadlines will be

2

continued until after the Court decides Schwab’s motion to dismiss and there is an operative

3

complaint on file;

4

6.

The parties do not seek to reset these dates for the purpose of delay. The proposed

5

new dates will not have an effect on any pre-trial and trial dates as the Court has yet to schedule

6

these dates.

7

SO STIPULATED.

8
9

Dated: November 15, 2016

ARNOLD & PORTER LLP

10
11

By:

/s/ Gilbert R. Serota
GILBERT R. SEROTA

12
Attorneys for Defendant
CHARLES SCHWAB & COMPANY, INC.

13
14
15
16

Dated: November 15, 2016

BRAGAR EAGEL & SQUIRE P.C.

17
By:

18
19

Attorneys for Plaintiffs
ROBERT WOLFSON AND FRANK PINO

20
21

/s/ Brandon Walker
BRANDON WALKER

Dated: November 15, 2016

GLANCY PRONGAY & MURRAY LLP

22
23

By:

24

/s/ Joshua L. Crowell
JOSHUA L. CROWELL
Attorneys for Plaintiffs
ROBERT WOLFSON AND FRANK PINO

25
26
27
28
-2STIPULATION AND [PROPOSED] ORDER

Case No. 16-cv-3938-RS

1
2

ATTESTATION
I, Gilbert R. Serota, am the ECF User whose identification and password are being used to

3

file this Stipulation And [Proposed] Order To Set Deadline For Filing New Complaint And Setting

4

Briefing Schedule For Motion To Dismiss. In compliance with Local Rule 5-1(i)(3), I hereby attest

5

that counsel for plaintiffs, Brandon Walker and Joshua Crowell, concur in this filing.

6
7

DATED: November 15, 2016

/s/ Gilbert R. Serota
GILBERT R. SEROTA

8
9
10
11
12
13

[PROPOSED] ORDER
Based on the parties’ stipulation and the good cause described therein, the Court GRANTS
this stipulation. The following schedule shall apply:

14

January 13, 2017:

Plaintiffs’ Deadline To File A New Complaint

15

March 3, 2017:

Schwab’s Deadline To File A Motion To Dismiss

16

April 14, 2017:

Plaintiffs’ Deadline To File An Opposition to Schwab’s

17
18
19
20
21

Motion
May 12, 2017:

Schwab’s Deadline To File Reply

The Court orders that the initial case management conference and all accompanying
deadlines will be continued until after the Court decides Schwab’s motion to dismiss.
IT IS SO ORDERED.

22
23

DATED: __________________
11/18/16
Hon. Richard Seeborg
U.S. District Court Judge

24
25
26
27
28
-3STIPULATION AND [PROPOSED] ORDER

Case No. 16-cv-3938-RS