Martin et al v. Merrill Lynch, Pierce, Fenner & Smith, Incorporated et al

Filing 58

ORDER. (39 in 4:10-cv-04020-CW) MOTION for Judgment on the Pleadings is Denied Without Prejudice. Case Management Conference set for 8/23/2011 02:00 PM. Signed by Judge Claudia Wilken on 5/9/2011. (ndr, COURT STAFF) (Filed on 5/9/2011)

1
2
3
4

IN THE UNITED STATES DISTRICT COURT

5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6
7
8

KEVIN MARTIN; DAVID NORRIS; FRANK
STONE, individually and on behalf
of all others similarly situated,

9

United States District Court
For the Northern District of California

10
11
12
13
14

No.C 10-04020 CW

Plaintiffs,
v.
MERRILL LYNCH, PIERCE, FENNER &
SMITH, INCORPORATED; MERRILL
LYNCH & CO., INC.; BRIAN RILEY
and DOES 1-20,
Defendants.
________________________________/

15
16
17

JOHN KERR, individually and on
behalf of all others similarly
situated,

18

Plaintiff,

19
20
21
22
23

No.C 11-01654 CW

v.
MERRILL LYNCH & CO., INC.;
MERRILL LYNCH, PIERCE, FENNER &
SMITH, INCORPORATED, and DOES 125, inclusive,
Defendants.
________________________________/

24
25

The parties in the above-captioned, related cases have filed

26

a notice of settlement and stipulation to vacate the June 30, 2011

27

hearing currently scheduled for the Court to hear class-

28

1

certification and dispositive motions, and to continue the case

2

management conference currently scheduled for the Kerr case.

3

The June 30, 2011 motion hearing and case management

4

conference are vacated.

5

Pleadings filed in the Martin case is denied without prejudice to

6

refiling in the event a settlement is not finalized and approved.

7

Docket No. 39.

8

cases on August 23, 2011 at 2pm.

9

different date is noticed for hearing on a motion to approve the

United States District Court
For the Northern District of California

10
11

The pending motion for Judgment on the

A case management conference is scheduled for both
This date can be vacated if a

settlement.
IT IS SO ORDERED.

12
13
14

Dated: 5/9/2011

CLAUDIA WILKEN
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2