Putnam v. Citigroup Global Markets, Inc.

Filing 23

ORDER re 22 GRANTING AS MODIFIED STIPULATION to Continue Case Management Conference. Case Management Conference set for 4/27/2010 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 11/24/09. (scc, COURT STAFF) (Filed on 11/24/2009)

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PETER R. BOUTIN, CASB No. 65261 [e-mail] CHRISTOPHER A. STECHER, CASB No. 215329 [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. ) ) )

Case No. CV 09 2230 CW-ENE STIPULATION AND ORDER TO CONTINUE THE DECEMBER 1, 2009 CASE MANAGEMENT CONFERENCE AS MODIFIED Date: Time: Place: Judge: December 1, 2009 (CMC) 2:00 p.m. 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. Plaintiff and Citigroup are collectively referred to hereinafter as the "Parties." WHEREAS, on November 5, 2009, the Parties and their counsel
-1KYL_SF496508 STIPULATION AND [PROPOSED] ORDER CONTINUING DECEMBER 1, 2009 CASE MANAGEMENT CONFERENCE -- CASE NO. CV 09 2230 CW-ENE

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participated in an Early Neutral Evaluation ("ENE") session; and WHEREAS, the matter did not settle during the ENE session; and WHEREAS, pursuant to the Parties' prior stipulation and the Court's August 27, 2009 Order upon the Parties' Stipulation [Docket No. 16], Citigroup's response to the Complaint is due 20 days after the filing of the Notice that is being filed concurrently herewith; and WHEREAS, Citigroup intends to file a Motion to Compel Arbitration within the current deadline to respond; and WHEREAS, Plaintiff currently intends to oppose Citigroup's anticipated Motion to Compel Arbitration; and WHEREAS, the Case Management Conference ("CMC") is currently scheduled for December 1, 2009; and WHEREAS, the CMC was previously continued once to allow the Parties to complete their ENE session. NOW, THEREFORE, the undersigned Parties hereby stipulate to, and request the Court's approval of the following: · Subject to the Court's approval, the December 1, 2009 CMC will be

continued until after the Court rules on Citigroup's Motion to Compel Arbitration. · Citigroup shall file its Motion to Compel Arbitration or any other

response to the Complaint by no later than December 9, 2009. The hearing on Citigroup's Motion shall be noticed in accordance with Civil Local Rule 7-2 and this Court's Standing Order. · Plaintiff's Opposition and Citigroup's Reply will be due in accordance

with Civil Local Rule 7-3. · If the case is not ordered to arbitration and remains on the Court's

docket, 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
-2KYL_SF496508 STIPULATION AND [PROPOSED] ORDER CONTINUING DECEMBER 1, 2009 CASE MANAGEMENT CONFERENCE -- CASE NO. CV 09 2230 CW-ENE

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F.R.C.P., Rule 26(a)(1). IT IS SO STIPULATED, EXCEPT THE MOTION TO COMPEL ARBITRATION WILL BE DECIDED ON THE PAPERS. THE CASE MANAGEMENT CONFERENCE IS CONTINUED TO APRIL 27, 2010, AT 2:00 P.M.

DATED: November 20, 2009

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

DATED: November 20, 2009

/s/ Christopher A. Stecher1 Peter R. Boutin Christopher A. Stecher KEESAL, YOUNG & LOGAN ATTORNEYS FOR DEFENDANT CITIGROUP GLOBAL MARKETS, INC.

ORDER

IT IS SO ORDERED.

DATED: November 24, 2009

HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

I hereby attest that all parties to this Stipulation have signed this Stipulation as indicated by a "conformed" signature (/s/) and that Keesal, Young & Logan has all holograph signatures in its files.
-3KYL_SF496508 STIPULATION AND [PROPOSED] ORDER CONTINUING DECEMBER 1, 2009 CASE MANAGEMENT CONFERENCE -- CASE NO. CV 09 2230 CW-ENE

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