Quesada et al-v-Bank of America Corporation

Filing 86

STIPULATION AND ORDER re 85 to Continue Mediation Deadline and Case Management Conference filed by Bank of America Corporation, Elwood Quesada, Banc of America Investment Services, Inc. nka Merrill Lynch, Pierce, Fenner & Smith, Inc. Case Management Conference set for 1/7/2013 02:00 PM.. Signed by Judge GONZALEZ ROGERS on 10/17/12. (lrc, COURT STAFF) (Filed on 10/17/2012)

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

1 David C. Powell (SBN 129781)
Email: [e-mail]
2 David S. Reidy (SBN 225904)
Email: [e-mail]
3 Ashley L. Shively (SBN 264912)
Email: [e-mail]
4 REED SMITH LLP
101 Second Street, Suite 1800
5 San Francisco, CA 94105-3659
Telephone:
[phone]
[phone]
6 Facsimile:
7 Attorneys for Defendant
Merrill Lynch, Pierce, Fenner & Smith, Inc.,
8 successor in interest to Banc of America
Investment Services, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION
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ELWOOD QUESADA, JAMES DeROSA, and
Case No. CV-11-01703 YGR
12 Others Similarly Situated,
JOINT STIPULATION TO CONTINUE
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Plaintiffs,
MEDIATION DEADLINE AND CASE
MANAGEMENT CONFERENCE;
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vs.
[PROPOSED] ORDER
15 BANC OF AMERICA INVESTMENT
SERVICES, INC., NKA MERRILL LYNCH,
16 PIERCE, FENNER & SMITH, INC,

Date:
Time:
Location:

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Honorable Yvonne Gonzalez Rogers

Defendant.

November 6, 2012
2:00 p.m.
Ctrm. 5

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Case No. CV-11-01703 YGR

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JOINT STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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JOINT STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE

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MANAGEMENT CONFERENCE
This Stipulation is made by and between Plaintiff Elwood Quesada (“Plaintiff”) and

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4 Defendant Merrill Lynch, Pierce, Fenner & Smith, Inc., successor in interest to Banc of America
5 Investment Services, Inc. (“Merrill Lynch”) (Plaintiff and Defendant are referred to as “the Parties”)
6 by and through their respective counsel of record.
STIPULATION

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WHEREAS, on September 11, 2012, this Court heard oral argument on Plaintiff’s motion for

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9 class certification, and took such motion under submission. As of the date of this filing, the Court

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 has not yet issued its Order on Plaintiff’s motion;
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WHEREAS, the Parties have been ordered to complete mediation by October 31, 2012;

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WHEREAS, a Status Conference in this matter is set for November 6, 2012;

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WHEREAS, the outcome of Plaintiff’s motion will materially impact mediation;

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WHEREAS, the Parties agree it is in the interest of judicial economy to continue the

15 mediation deadline 45 days, and continue the status conference approximately one week thereafter;
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WHEREAS, the foregoing facts evidence good cause for the requested continuance.

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THEREFORE, IT IS HEREBY STIPULATED:

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The PARTIES stipulate that good cause exists to continue the mediation deadline 45 days to

19 December 14, 2012, and to continue the status conference approximately one week thereafter.
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Case No. CV-11-01703 YGR

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JOINT STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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SO STIPULATED:

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DATED: October 17, 2012

REED SMITH LLP

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By

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/s/ Ashley L. Shively
Ashley L. Shively
Attorney for Defendant
Merrill Lynch, Pierce, Fenner & Smith, Inc.,
successor in interest to Banc of America Investment
Services, Inc.

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DATED: October 17, 2012

LAW OFFICES OF JON E. DRUCKER, PC

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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By

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/s/ Jon E. Drucker
[holographic signature on file]
Jon E. Drucker
Attorney for Plaintiff
Elwood Quesada

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Case No. CV-11-01703 YGR

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JOINT STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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[PROPOSED] ORDER

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Pursuant to the above Stipulation of the parties, and good cause appearing thereon, this Court

3 hereby orders that the mediation deadline is CONTINUED to December 14, 2012, and the status
4 conference is CONTINUED from November 6, 2012 to January 7, 2013 at 2:00 p.m. The parties
5 shall file a joint status conference statement no later than one week prior to the status conference.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: October 17, 2012
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_____________________________________
Honorable Yvonne Gonzalez Rogers

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Case No. CV-11-01703 YGR

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JOINT STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER