Arora v. TD Ameritrade, Inc.

Filing 46

ORDER re 45 Granting Stipulation Request for Relief from Case Management Schedule ***Deadlines terminated. Signed by Judge Claudia Wilken on 7/9/2010. (ndr, COURT STAFF) (Filed on 7/9/2010)

Arora v. TD Ameritrade, Inc.

Doc. 46

1 LOIS O. ROSENBAUM (State Bar No. 60284) lorosenbaumrfstoel.com

2 BRA S. DANIELS (pro hac vice pending)
bsdaniels(?stoel. com 3 STOEL RIVES LLP

900 SW Fifth Avenue, Suite 2600
4 Poitland, OR 97204

Telephone: [phone]
5 Facsimile: [phone]

6 SETH D. HILTON (State BarNo. 181899) sdhiltonrfstoe1.com
7 STOEL RIVES LLP 555 Montgomery Street, #1288
8 San Francisco, CA 94111

Telephone: [phone]
9 Facsimile: [phone]

10 Attorneys for Defendant TD Ameritrade, Inc.
11 K. Brian Matlock (State Bar No. 243812)

kbrianrfmatlocklawgroup.com 12 Ian Lubniewski, (State Bar No. 257867) ianrfmatlock1awgroup.com

13 MATLOCK LAW GROUP, PC
1485 Treat Blvd., Suite 200
14 Walnut Creek, CA 94597

Telephone: [phone]
15 Facsimile: [phone]

16 Attorney for Plaintiff
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
V ASU D. ARORA,

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Case No. CV 10-01216 CW

Plaintiff,
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v.

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STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION REGARDING SAME;

TD AMERITRADE, INC.,
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(PROPOSED) ORDER .

Defendant.
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27 PlaintiffVai:u D. Arora and Defendant TD Ameritrade, Inc., by and through their
28 respective counsel of record, hereby submit a stipulated request for continuance of the Case
STOEL RIVES LLP
AnoRNEYS AT L.AW PORTlAND

STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION REGARDING SAME; (pROPOSED I ORDER

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CV 10-01216 CW

Dockets.Justia.com

1 Management Conference presently scheduled for July 13, 2010, at 2:00 p.m., in Courtroom 2 of
2 the above-entitled court, and for relief from the related case management deadlines. The paries

3 respectfully request that the Cour continue the Case Management Conference because, as evident

4 from the pleadings and documents on file and as set forth in the accompanying Declaration of
5 Brad S. Daniels, the paries have fied dispositive motions, the outcome of which wil resolve
6 whether tms action wil proceed. It would be a more effcient use of

the Court's and paries'

7 resources to determine whether a Case Management Conference is necessar after the Cour
8 decides the pending motions, and to continue the related deadlines accordingly. The paries agree

9 that if a Case Management Conference is necessar, it should be continued to a date no earlier
10 than thirty (30) days after the Court's decision on the pending motions, or such other date as may
11 be convenient for the Cour.
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13 DATED: July --, 2010
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STOEL RIVES LLP

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ByosenV ur-dr :b ~
Attorneys for efendant

18 DATED: July d- ,2010
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MATLOCK LAW GROUP

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By 1:~ ~
KBi:ìanIvatlock ....
Attorneys for Plaintiff

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STOEL RIVES LLP
ATTORNEYS AT LAW POR. TtA ND

STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION
REGARDING SAME; (PROPOSED

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CV 10-01216 CW

I ORDER

1 DECLARATION OF BRAD S. DANIELS IN SUPPORT OF STIPULATED REQUEST
FOR RELIEF FROM CASE MANAGEMENT SCHEDULE
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3

I, BRA S. DANIELS, declare:
1.
I am an attorney with Stoel Rives LLP, attorneys of

4

record for Defendant TD

5 Ameritrade, Inc. My motion for leave to appear

pro hace vice is pending before the Court. I

6 make this declaration on my personal knowledge and am competent to testify to the facts set forth
7 herein.
8

2.

Plaintiff and Defendant were paries to a Financial Industry Regulatory Authority

9 (FINRA) arbitration. After a hearing, a three-member panel of arbitrators issued an arbítration
10 award in December 2009 (the "Award").
11

3.

On March 23, 2010, Plaintiff fied a Motion to Vacate the A ward and a Complaint

12 in this Court.
13

4.

On April 16, 2010, the Court issued a Case Management Order setting (1)

14 deadlines related to Plaintift s Motion to Vacate, (2) a hearing on the Motion to Vacate for June
15 3,2010, and (3) a Case Management Conference for July 13,2010. The hearing was

16 subsequently continued to June 17,2010.

17

5.

On May 3, 2010, Defendant fied a Response to Plaintifts Motion to Vacate and a
judicata grounds.

18 Motion to Dismiss Plaintiffs Amended Complaint on res

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6.

On May 14, 2010, the Cour issued an order vacating the June 17 hearing and

20 takng both motions under submission on the papers. The paries completed briefing related to
21 the motions on June 3, 2010. The Motion to Dismiss and the Motion to Vacate are currently

22 pending before the Court.
23 7.

Although Plaintiff fied a Complaint, this case is not in a typical procedural

24 posture. The outcome of

the motions wil determine whether the action wil proceed.
The paries believe that it would be a more efficient use of

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8.

the Court's and the

26 paries' resources to determine whether a Case Management Conference is necessar after the

27 Court decides the pending motions, and to continue the related deadlines accordingly.
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STOEL RIVES LLP
ATTORNEYS AT LAW PORTLAND

STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION REGARDING SAME; ¡PROPOSEDI ORDER

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CV 10-01216 CW

9. This is the parties' first request for a continuance in this action.

2 I declare under penalty of peijury under the laws of the State of Oregon that the foregoing

3 is tre and correct.

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5 Dated: July J¡, 2010

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STOEL RIVES LLP
ATToRNEYS Ai L.AW PORTlANLJ

STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARTION REGARDING SAME; (pROPOSED! ORDER

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CV 10-01216 CW

(PROPOSED) ORDER
2 Plaintiff and Defendant have jointly submitted a Stipulated Request for Relief from Ca-;c

3 Management Schedule. PURSUANT TO STIPULATION IT IS HEREBY ORDERED that the

4 Case Management Conference currently scheduled for July 13, 2010 is vacated. If necessary, the

5 Cour wil reschedule the Case Management Conference to a date no earlier than thirty (30) days
6 after the Cour's decisions on the pending Motion to Vacate and Motion to Dismiss, or such other

7 date as may be convenient for the Court. All related deadlines-including, but not limited to, the
8 deadline to fie ajoint case management conference statement-are continued accordingly.

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9 DATED: July._, 2010

"""- "..~._-"~'''-''
The Honorable Claudia Wilken

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STOEL RIVES LLP
ATTORNEYS AT LAW PORTLAND

STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION REGARDING SAME; IPROPOSED) ORDER

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CV 10-01216 CW

CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing STIPULATED REQUEST FOR RELIEF

FROM CASE MANAGEMENT SCHEDULE; DECLARATION OF BRAD S. DANIELS
REGARDING SAME; (PROPROSEDl ORDER on the following named person(s) on the
date indicated below by
o mailing with postage prepaid

o hand delivery
o facsimile transmission
i: overnight delivery

o email

i: notice of electronic filing using the Cm/ECF system
to said person(s) a correct copy thereof, contained in a sealed envelope, addressed to said
person(s) at his or her last-known addressees) indicated below.
Ian Lubniewski (Via Overnight Delivery)

Matlock Law Group 1485 Treat Boulevard Suite 200 Walnut Creek, CA 94597 Attorney for Plaintiff Vasu D. Arora

K. Brian Matlock, Esq (via Cm/ECF) Matlock Law Group 1485 Treat Boulevard Suite 200 Walnut Creek, CA 94597 Attorney for Plaintiff Vasu D. Arora

DATED: July 6,2010.

STOEL RIVES LLP

Is/Lois O. Rosenbaum Lois O. Rosenbaum, CA No. 60284
Brad S. Daniels, pro hac vice pending Telephone: [phone]

Facsimile: [phone]
Attorneys for Defendant TD Ameritrade,
Inc.

Page 1

CERTIFICATE OF SERVICE

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