Zhu v. UCBH Holdings, Inc. et al

Filing 356

ORDER GRANTING 355 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 11/6/2015. Initial Case Management Conference set for 11/13/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 7/20/15. (jjoS, COURT STAFF) (Filed on 7/20/2015)

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Case4:09-cv-04208-JSW Document355 Filed07/17/15 Page1 of 7 1 2 3 4 5 6 7 8 9 JORDAN ETH (CA SBN 121617) JEth@mofo.com ANNA ERICKSON WHITE (CA SBN 161385) AWhite@mofo.com CRAIG D. MARTIN (CA SBN 168195) CMartin@mofo.com STUART C. PLUNKETT (CA SBN 187971) SPlunkett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendants DENNIS WU, JOSEPH J. JOU, LI-LIN KO, GODWIN S. WONG, DAVID NG, DANIEL P. RILEY, AND RICHARD LI-CHUNG WANG 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 16 KYUNG CHO; REX DECHAKUL; AND DAVID HWANG; INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Master Case No. CV-09-4208-JSW (Consolidated) CLASS ACTION 17 Plaintiffs, STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE 18 v. 19 20 21 22 23 24 25 UCBH HOLDINGS, INC.; THOMAS S. WU; THOMAS YU; EBRAHIM SHABUDIN; CRAIG ON; DENNIS WU; ROBERT NAGEL; JOHN M. KERR; DANIEL M. GAUTSCH; DOUGLAS MITCHELL; BURTON D. THOMPSON; JOHN CINDEREY; JOSEPH J. JOU; LI-LIN KO; QINGYUAN WAN; GODWIN WONG; DAVID NG; DANIEL P. RILEY; RICHARD LI-CHUNG WANG; and JOHN DOES 1-10, Judge: Jeffery S. White Defendants. 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-04208 JSW sf-3554716 Case4:09-cv-04208-JSW Document355 Filed07/17/15 Page2 of 7 1 2 WHEREAS, Plaintiffs filed their Consolidated Amended Complaint for Violations of the Federal Securities Laws on August 10, 2010; 3 4 WHEREAS, this Court entered an Order on September 16, 2014, staying this case until the conclusion of United States v. Shabudin and Yu; 5 WHEREAS, this Court entered an Order on April 21, 2015, lifting the stay, referring the 6 parties to Judge Beeler for the purposes of completing a settlement conference by July 21, 2015, 7 and setting a case management conference for July 31, 2015 at 11:00 a.m.; 8 9 WHEREAS, the parties have had several telephonic conferences with Judge Beeler, most recently on June 25, 2015; 10 11 WHEREAS, the parties have reached an impasse regarding whether certain insurancerelated disclosures would be made by Defendants in the course of mediation; 12 13 WHEREAS, Plaintiffs have determined that they will file a motion to compel if an agreement regarding the disclosure is not reached; 14 15 WHEREAS, Judge Beeler issued a minute order setting an in-person settlement conference to be held after the disclosure issue is resolved (Docket No. 352); 16 WHEREAS, while the parties were in the process of meeting and conferring regarding 17 Plaintiffs’ anticipated motion to compel discovery, the parties made progress negotiating a 18 potential compromise; 19 WHEREAS, the parties are working to resolve the disclosure issue and believe that issue 20 must be resolved before the parties can have a meaningful settlement conference with Judge 21 Beeler; 22 WHEREAS, Defendants do not believe resolution of the disclosure issue can be 23 completed in time to hold a settlement conference by July 21, 2015, because the proposed 24 compromise would require consent of non-parties; and 25 26 27 28 WHEREAS, Plaintiffs will file a motion to compel to resolve the disclosure issue in the event that a satisfactory compromise is not reached. THEREFORE, IT IS STIPULATED AND AGREED, by and among the parties and their respective counsel of record, that the Case Management Conference in this matter currently STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-04208 JSW sf-3554716 1 Case4:09-cv-04208-JSW Document355 Filed07/17/15 Page3 of 7 1 scheduled for July 31, 2015, should be continued, and ask that the Court continue the Case 2 Management Conference to November 13, 2015, or as soon thereafter as the Court shall require, 3 to allow additional time for completion of the settlement conference. 4 5 Dated: July 17, 2015 MORRISON & FOERSTER LLP 6 7 By: \s\ Stuart C. Plunkett Stuart C. Plunkett Attorneys for Outside Director Defendants Dennis Wu, Joseph J. Jou, Li-Lin Ko, Godwin S. Wong, David Ng, Daniel P.Riley and Richard LiChung Wang 8 9 10 11 12 Dated: July 17, 2015 LATHAM &WATKINS LLP 13 By: \s\ Steven M. Bauer Attorneys for Defendant Thomas S. Wu 14 15 16 17 Dated: July 17, 2015 COOPER, WHITE & COOPER LLP 18 19 By: \s\ Edward L. Seidel Attorneys for Defendant Thomas Yu 20 21 22 Dated: July 17, 2015 ROSEN BIEN GALVAN & GRUNFELD LLP 23 24 25 By: \s\ Jeffrey L. Bornstein Attorneys for Defendant Burton D. Thompson 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-04208 JSW sf-3554716 2 Case4:09-cv-04208-JSW Document355 Filed07/17/15 Page4 of 7 1 Dated: July 17, 2015 BERGESON, LLP 2 3 By: \s\ Caroline McIntyre Attorneys for Defendants Daniel M. Gautsch, Douglas Mitchell, and Robert Nagel 4 5 6 Dated: July 17, 2015 7 FARELLA BRAUN + MARTEL LLP 8 By: \s\ William P. Keane Attorneys for Defendant John M. Kerr 9 10 11 12 Dated: July 17, 2015 SWANSON & MCNAMARA LLP 13 14 By: \s\ Mary McNamara Attorneys for Defendant John Cinderey 15 16 17 Dated: July 17, 2015 MURPHY, PEARSON, BRADLEY & FEENEY 18 By: \s\ James A. Lassart Attorneys for Defendant Ebrahim Shabudin 19 20 21 22 23 Dated: July 17, 2015 CLARENCE DYER & COHEN LLP 24 25 26 By: \s\ Nanci L. Clarence Attorneys for Defendant Craig S. On 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-04208 JSW sf-3554716 3 Case4:09-cv-04208-JSW Document355 Filed07/17/15 Page5 of 7 1 Dated: July 17, 2015 THE ROSEN LAW FIRM P.A. 2 3 4 5 6 By: \s\ Laurence M. Rosen Attorneys for Plaintiffs Kyung Cho, Rex Dechakul, and David Hwang, Individually and on behalf of All Others Similarly Situated 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-04208 JSW sf-3554716 4 Case4:09-cv-04208-JSW Document355 Filed07/17/15 Page6 of 7 1 2 ATTESTATION I, Stuart C. Plunkett, am the ECF User whose ID and password are being used to file this 3 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT 4 CONFERENCE. In compliance with Civil L.R. 5-1, I hereby attest that Steven M. Bauer, 5 Edward L. Seidel, Jeffrey L. Bornstein, Caroline McIntyre, William P. Keane, Mary McNamara, 6 James A. Lassart, Nanci L. Clarence, and Laurence M. Rosen concurred in this filing. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-04208 JSW sf-3554716 5 Case4:09-cv-04208-JSW Document355 Filed07/17/15 Page7 of 7 1 [PROPOSED] ORDER 2 Pursuant to stipulation, and good cause appearing therefore, IT IS HEREBY ORDERED 3 THAT the Case Management Conference scheduled for July 31, 2015, at 11:00 a.m. is continued 4 to Nov. 13, 2015, at 11:00 a.m. 5 PURSUANT TO STIPULATION, IT IS SO ORDERED. 6 7 8 9 July 20, 2015 DATED: __________________ _______________________________ Hon. Jeffery S. White Judge of the District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-04208 JSW sf-3554716 1

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