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)

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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: (503) 294-9293 5 Facsimile: (503) 220-2480 6 SETH D. HILTON (State BarNo. 181899) sdhiltonrfstoe1.com 7 STOEL RIVES LLP 555 Montgomery Street, #1288 8 San Francisco, CA 94111 Telephone: (415) 617-8900 9 Facsimile: (415) 617-8907 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: (925) 944-7131 15 Facsimile: (925) 944-7138 16 Attorney for Plaintiff 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 OAKLAND DIVISION V ASU D. ARORA, 20 21 Case No. CV 10-01216 CW Plaintiff, 22 v. 23 STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION REGARDING SAME; TD AMERITRADE, INC., 24 (PROPOSED) ORDER . Defendant. 25 26 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 -1- 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. 12 13 DATED: July --, 2010 14 15 STOEL RIVES LLP 16 17 ByosenV ur-dr :b ~ Attorneys for efendant 18 DATED: July d- ,2010 19 MATLOCK LAW GROUP 20 21 By 1:~ ~ KBi:ýanIvatlock .... Attorneys for Plaintiff 22 23 24 25 26 27 28 STOEL RIVES LLP ATTORNEYS AT LAW POR. TtA ND STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION REGARDING SAME; (PROPOSED -2- CV 10-01216 CW I ORDER 1 DECLARATION OF BRAD S. DANIELS IN SUPPORT OF STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE 2 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 arbÝtration 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 19 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 25 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. 28 - STOEL RIVES LLP ATTORNEYS AT LAW PORTLAND STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION REGARDING SAME; íPROPOSEDI ORDER -3- 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. 4 5 Dated: July Jí, 2010 6 7 8 ~D~:? -~~- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STOEL RIVES LLP ATToRNEYS Ai L.AW PORTlANLJ STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARTION REGARDING SAME; (pROPOSED! ORDER -4- 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. 9 10 11 9 DATED: July._, 2010 """- "..~._-"~'''-'' The Honorable Claudia Wilken 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 STOEL RIVES LLP ATTORNEYS AT LAW PORTLAND STIPULATED REQUEST FOR RELIEF FROM CASE MANAGEMENT SCHEDULE; DECLARATION REGARDING SAME; IPROPOSED) ORDER -5- 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: (503) 224-3380 Facsimile: (503) 220-2480 Attorneys for Defendant TD Ameritrade, Inc. Page 1 CERTIFICATE OF SERVICE 70068029.1 0034033-00004

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