Putnam v. Citigroup Global Markets, Inc.

Filing 16

ORDER re 12 GRANTING STIPULATION to Continue 9/1/09 CMC, Stay Discovery and Continue Deadline to Respond to Complaint Pending Completion of ENE. Initial Case Management Conference set for 12/1/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 8/27/09. (scc, COURT STAFF) (Filed on 8/27/2009)

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PETER R. BOUTIN, CASB No. 65261 [e-mail] MOLLY HARCOS TAMARIKI, CASB No. 233556 [e-mail] KEESAL, YOUNG & LOGAN A Professional Corporation 450 Pacific Avenue San Francisco, California 94133 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CITIGROUP GLOBAL MARKETS INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GEORGE PUTNAM, an individual, Plaintiff, vs. CITIGROUP GLOBAL MARKETS INC., a New York corporation; and DOES 1 through 10, inclusive, Defendant.

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Case No. CV 09 2230 CW STIPULATION AND ORDER TO (1) CONTINUE THE SEPTEMBER 1, 2009 CASE MANAGEMENT CONFERENCE, (2) STAY DISCOVERY, AND (3) CONTINUE THE DEADLINE TO RESPOND TO THE COMPLAINT PENDING COMPLETION OF EARLY NEUTRAL EVALUATION Date: Time: Place: Judge: September 1, 2009 (CMC) 2:00 Courtroom 2,

Honorable Claudia Wilken

IT IS HEREBY STIPULATED by and between Plaintiff GEORGE PUTNAM ("Plaintiff") and Defendant CITIGROUP GLOBAL MARKETS INC. ("Citigroup"), through their respective attorneys of record, as follows: WHEREAS, on August 18, 2009, the Court ordered the parties to participate in Early Neutral Evaluation ("ENE") "90 days from the date" of its Order (i.e., on or before November 17, 2009), WHEREAS, the Case Management Conference ("CMC") is currently scheduled for September 1, 2009,
KYL_SF488134 -1STIPULATION AND [PROPOSED] ORDER TO (1) CONTINUE THE SEPTEMBER 1, 2009 CASE MANAGEMENT CONFERENCE, (2) STAY DISCOVERY, AND (3) CONTINUE THE DEADLINE TO RESPOND TO THE COMPLAINT PENDING COMPLETION OF EARLY NEUTRAL EVALUATION Case No. CV 09 2230 CW

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WHEREAS, the response to the complaint is due August 31, 2009 (pursuant to the parties' stipulation on August 11, 2009), WHEREAS, the parties hope to resolve this case in ENE, WHEREAS, the resolution of this case in ENE would eliminate the need for (1) the CMC, (2) discovery, and (3) Defendant's Motion to Compel Arbitration, WHEREAS, this is the parties' first request for an extension of a Courtordered deadline, WHEREAS, the parties seek to attempt to resolve this matter without the expenditure of unnecessary discovery, costs, or Court resources, NOW, THEREFORE, the undersigned parties hereby stipulate to, and request the Court's approval of the following: · complete the ENE; · On or before November 17, 2009, the parties will notify the Court of The September 1, 2009 CMC is continued until after the parties

the (1) status of the ENE, and/or (2) the need to reschedule the CMC. (The deadlines for the Rule 26(f) Report, Joint Case Management Statement and Initial Disclosures will be triggered by the date of the rescheduled CMC, pursuant to F.R.C.P., Rule 26(a)(1).) · The parties agree that neither party shall engage in discovery until

after the completion of the ENE. If the parties are unable to resolve the case in ENE, the parties agree that neither party shall engage in discovery until the Court rules on the Defendant's Motion to Compel Arbitration. · The parties agree that Defendant shall not move to compel

arbitration or otherwise respond to the Complaint until the ENE process is completed.

KYL_SF488134 -2STIPULATION AND [PROPOSED] ORDER TO (1) CONTINUE THE SEPTEMBER 1, 2009 CASE MANAGEMENT CONFERENCE, (2) STAY DISCOVERY, AND (3) CONTINUE THE DEADLINE TO RESPOND TO THE COMPLAINT PENDING COMPLETION OF EARLY NEUTRAL EVALUATION Case No. CV 09 2230 CW

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If the parties are unable to resolve the case in ENE, the response to the Complaint will be due 20 days after the parties file a notice informing the Court that they were not able to resolve the case in ENE.

DATED: August 25, 2009

/s/ Justin Berger Justin T. Berger COTCHETT, PITRE & McCARTHY Attorneys for Plaintiff GEORGE PUTNAM

DATED: August 25, 2009

/s/ Molly Harcos Tamariki Peter R. Boutin Molly Harcos Tamariki KEESAL, YOUNG & LOGAN Attorneys for Defendant CITIGROUP GLOBAL MARKETS INC.

IT IS SO ORDERED. THE CASE MANAGEMENT CONFERENCE IS CONTINUED TO DECEMBER 1, 2009, AT 2:00 P.M. DATED: August 27, 2009

HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

KYL_SF488134 -3STIPULATION AND [PROPOSED] ORDER TO (1) CONTINUE THE SEPTEMBER 1, 2009 CASE MANAGEMENT CONFERENCE, (2) STAY DISCOVERY, AND (3) CONTINUE THE DEADLINE TO RESPOND TO THE COMPLAINT PENDING COMPLETION OF EARLY NEUTRAL EVALUATION Case No. CV 09 2230 CW