Raifman et al v. Wachovia Securities, LLC et al

Filing 130

STIPULATION AND ORDER re 118 Opposition/Response to Motion filed by Wachovia Securities, LLC, Motions terminated: 129 STIPULATION WITH PROPOSED ORDER re 118 Opposition/Response to Motion and re [105-1] Plaintiffs' Proposed Se cond Amended Complaint filed by Helicon Investments, Ltd., Susan Raifman, Gregory R. Raifman, Wachovia Securities, LLC, 103 MOTION for Leave to File Second Amended Complaint filed by Helicon Investments, Ltd., Susan Raifman, Gekko Holdings, LLC, Gregory R. Raifman.. Signed by Judge ARMSTRONG on 3/18/13. (lrc, COURT STAFF) (Filed on 3/18/2013)

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RONALD E. WOOD, SBN 133854
[e-mail]
JENNIFER L. ROCHE, SBN 254538
[e-mail]
PROSKAUER ROSE LLP
2049 Century Park East, Suite 3200
Los Angeles, CA 90067-3206
Telephone: [phone]
Facsimile: 310-557-2193
Attorneys for Defendant
Wachovia Securities, LLC
n/k/a Wells Fargo Advisors, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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GREGORY R. RAIFMAN and SUSAN
RAIFMAN, husband and wife, individually and
on behalf of their marital community and as
Trustees of the RAIFMAN FAMILY
REVOCABLE INTERVIVOS TRUST and as
beneficiaries of the PALLADIAN TRUST;
GEKKO HOLDINGS, LLC, and HELICON
INVESTMENTS, LTD.,

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STIPULATION WITHDRAWING
OPPOSITION AND CONSENTING TO
FILING OF PLAINTIFFS’ PROPOSED
SECOND AMENDED COMPLAINT

Plaintiffs,

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Case No. C 11-02885 SBA

v.
WACHOVIA SECURITIES, LLC, N/K/A
WELLS FARGO ADVISORS, LLC;

Hon. Saundra B. Armstrong

Defendant.

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Case No. C 11-02885 SBA
STIPULATION WITHDRAWING OPPOSITION AND CONSENTING TO FILING OF PLAINTIFFS’ PROPOSED
SECOND AMENDED COMPLAINT

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WHEREAS, on March 11, 2013, the Court denied Defendant’s motion to dismiss the First
Amended Complaint on procedural grounds;

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WHEREAS, Plaintiffs’ Motion for Leave To File Proposed Second Amended Complaint
(“Motion for Leave”), is scheduled for hearing on March 19, 2013; and

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WHEREAS, on March 15, 2013, counsel for Defendant advised counsel for Plaintiffs of
Defendant’s intent to withdraw its opposition to Plaintiffs’ pending motion and consent to Plaintiffs’
filing the proposed Second Amended Complaint.

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NOW THERFORE, the parties, through their respective counsel, hereby stipulate and agree
that:

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1.

Proposed Second Amended Complaint;

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2.

Defendant consents to Plaintiffs’ filing the [Proposed] Second Amended Complaint,

previously filed as Docket No. 105-1, reserving its right to file any appropriate motion directed
against it, including a motion to dismiss; and

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Defendant hereby withdraws its opposition to Plaintiffs’ Motion For Leave To File

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Defendant’s time to respond to the First Amended Complaint is hereby adjourned sin

die.

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Dated: March 15, 2013

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RONALD E. WOOD
JENNIFER L. ROCHE
PROSKAUER ROSE LLP

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By: / s / Ronald E. Wood
Ronald E. Wood

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Attorneys for Defendant

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Dated: March 15, 2013

Tod Aronovitz (Pro Hac Vice)
Barbara Perez (Pro Hac Vice)
Andrew Zelmanowitz (Pro Hac Vice)
ARONOVITZ LAW

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By: / s / Tod Aronovitz

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Attorneys for Plaintiffs
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Case No. C 11-02885 SBA

STIPULATION WITHDRAWING OPPOSITION AND CONSENTING TO FILING OF PLAINTIFFS’PROPOSED
SECOND AMENDED COMPLAINT

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 3/18/13

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Hon. Saundra B. Armstrong
United States District Judge

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Case No. C 11-02885 SBA

STIPULATION WITHDRAWING OPPOSITION AND CONSENTING TO FILING OF PLAINTIFFS’PROPOSED
SECOND AMENDED COMPLAINT