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

Filing 45

STIPULATION AND ORDER RE 44 for Extension of Time to File Amended Complaint. Signed by Judge Richard Seeborg on 1/12/17. (cl, COURT STAFF) (Filed on 1/12/2017)

1
2
3
4
5
6
7
8
9
10

Lionel Z. Glancy (SBN #134180)
Robert V. Prongay (SBN #270796)
Joshua L. Crowell (SBN #295411)
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
J. Brandon Walker
Todd H. Henderson
BRAGAR EAGEL & SQUIRE, P.C.
885 Third Avenue, Suite 3040
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

11
12

Attorneys for Lead Plaintiffs
UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14
15

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

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

16
Plaintiff,

17
18
19
20
21
22

JOINT STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF TIME TO
FILE AMENDED COMPLAINT

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

23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

1

Lead Plaintiffs Robert Wolfson and Frank Pino (“Lead Plaintiffs”) and Defendants The

2

Charles Schwab Corp., Charles Schwab & Co., Inc., Charles R. Schwab, and Walter W. Bettinger II

3

(“Defendants”), by and through their respective counsel, have met and conferred and hereby

4

stipulate as follows:

5
6

WHEREAS, pursuant to a stipulated order entered by the Court on November 18, 2016
(ECF No. 41), Lead Plaintiffs’ amended complaint is due January 13, 2017;

7

WHEREAS, due to the recent illnesses of certain attorneys handling the case for Co-Lead

8

Counsel, Lead Plaintiffs sought Defendants’ consent to a one-week extension of time to file the

9

amended complaint;

10

WHEREAS, Lead Plaintiffs and Defendants have met and conferred about extending all

11

deadlines previously stipulated to in this action by one week and the parties mutually agree, with the

12

Court’s approval, that the new deadlines shall be as follows:

13

January 20, 2017:

Lead Plaintiffs Filing Amended Complaint

14

March 10, 2017:

Schwab’s Motion to Dismiss

15

April 21, 2017:

Lead Plaintiffs’ Opposition to Schwab’s Motion

16

May 19, 2017:

Schwab’s Reply

17

WHEREAS, the parties further agree that in light of the foregoing circumstances and in the

18

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

19

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

20

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

21

WHEREAS, this is the parties’ first request for an extension of any deadline in this case.

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
26

1.

Lead Plaintiffs’ deadline to file a new complaint will be January 20, 2017;

2.

Schwab’s deadline to file its motion to dismiss will be March 10, 2017;

27
28
-1STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

1
2

3.

Lead Plaintiffs’ deadline to file its opposition to Schwab’s motion will be

April 21, 2017;

3

4.

Schwab’s deadline to file its reply to its motion will be May 19, 2017;

4

5.

The initial case management conference and all accompanying deadlines will be

5
6

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

7
8
9
10
11

6.

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

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

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

1

Dated: January 12, 2017

GLANCY PRONGAY & MURRAY LLP

2
By:

3
4
5
6
7

/s/ Joshua L. Crowell
Robert V. Prongay (#270796)
Joshua L. Crowell (#295411)
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Co-Lead Counsel for Lead Plaintiffs and the
Class

8
9

BRAGAR EAGEL & SQUIRE, P.C.

10
11

By:

12
13
14
15
16

/s/ J. Brandon Walker
J. Brandon Walker
Todd H. Henderson
885 Third Avenue, Suite 3040
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Co-Lead Counsel for Lead Plaintiffs and the
Class

17
18
19
20

Dated: January 12, 2017

ARNOLD & PORTER KAYE SCHOLER
LLP

21
22

By:

23
24
25
26

/s/ Gilbert R. Serota
Gilbert R. Serota
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111-4024
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants

27
28
-3STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS

ATTESTATION

1
2

I, Joshua L. Crowell, am the ECF User whose identification and password are being used to

3

file this Proposed Order of Consolidation. In compliance with Local Rule 5-1(i)(3), I hereby attest

4

that Co-Lead Counsel for Plaintiffs, Robert Wolfson and Frank Pino, concurs in this filing.

5
6

DATED: January 12, 2017

/s/ Joshua L. Crowell
JOSHUA L. CROWELL

7
8
9
[PROPOSED] ORDER

10
11
12
13
14
15

Based on the parties’ stipulation and the good cause described therein, the Court GRANTS
this stipulation. The following schedule shall apply:
January 20, 2017:

Plaintiffs’ Deadline To File A New Complaint

March 10, 2017:

Schwab’s Deadline To File A Motion To Dismiss

April 21, 2017:

Plaintiffs’ Deadline To File An Opposition to Schwab’s
Motion

16
17
18
19
20
21

May 19, 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.
DATED: __________________
1/12/17
Hon. Richard Seeborg
U.S. District Court Judge

22
23
24
25
26
27
28
-4-

STIPULATION AND [PROPOSED] ORDER
Case No. 16-cv-3938-RS