Leevan v. Credit Suisse International et al

Filing 64

ORDER by Judge Saundra Brown Armstrong Granting 63 Stipulation. (ndr, COURT STAFF) (Filed on 7/10/2014)

Thomas L. Laughlin IV
1 Deborah-Clark Weintraub
2 SCOTT+SCOTT, Attorneys at Law, LLP
The Chrysler Building
3 405 Lexington Avenue, 40th Floor
New York, NY 10174
4 Tel: [phone]
Fax: [phone]
5 Email: [e-mail]
[e-mail]
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7 Counsel for Lead Plaintiffs
8 [Additional Counsel on Signature Page]
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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WILLARD A. SHARRETTE, DAVID
GOLDMAN, and ESTA GOLDMAN,
Individually and on Behalf of All Others
Similarly Situated,

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Plaintiffs,

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v.

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CREDIT SUISSE INTERNATIONAL, a
foreign company, CREDIT SUISSE
SECURITIES (USA) LLC, a Delaware
limited liability company, and DOES 1-100,

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Case No. 4:13-cv-02783-SBA
STIPULATION, DECLARATION, AND
ORDER TO CONTINUE ORAL
ARGUMENT AND CASE
MANAGEMENT CONFERENCE
Date:
Time:
Judge:

July 24, 2014
3:00 p.m.
Hon. Saundra Brown
Armstrong
Courtroom: 1, 4th Floor

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Defendants.

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28 STIPULATION, DECLARATION, AND [PROPOSED] ORDER TO CONTINUE ORAL ARGUMENT
AND CASE MANAGEMENT CONFERENCE
4:13-cv-02783-SBA

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WHEREAS, pursuant to stipulation of the parties and the Court’s Order on December 24,

2 2013 (ECF No. 46), the initial case management conference was continued to July 24, 2014 at
3 3:00 pm;
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WHEREAS, on February 3, 2014, Lead Plaintiffs filed a Consolidated Amended

5 Complaint (ECF No. 48);
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WHEREAS, Defendants Credit Suisse International and Credit Suisse Securities (USA)

7 LLC (“Defendants”) filed a Motion to Dismiss the Consolidated Amended Complaint (“Motion
8 to Dismiss”) on April 4, 2014 (ECF No. 53), and the hearing for the Motion to Dismiss is set for
9 September 9, 2014 (ECF No. 62);
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WHEREAS, as detailed in the accompanying Declaration of Thomas Laughlin, counsel

11 for Lead Plaintiffs, a conflict has arisen with respect to the September 9, 2014 hearing date for
12 the Motion to Dismiss in that the Ninth Circuit has scheduled oral argument in another case for
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WHEREAS, the parties agree that the interests of judicial economy and efficiency would

15 best be served by postponing the case management conference until after the hearing on the
16 Motion to Dismiss;
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED by all parties through

18 their respective counsel of record, that:
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1. The oral argument in this matter currently scheduled for September 9, 2014 be

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continued to September 16, 2014, at 1:00 p.m., or another date that is convenient

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for the Court.

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2. The case management conference in this matter currently scheduled for July 24,

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2014 be continued to September 24, 2014, at 3:00 pm, or another date that is

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convenient for the Court and which post-dates oral argument.

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3. All other deadlines set forth in the Court’s Order Setting Initial Case Management
Conference and ADR Deadlines be continued accordingly.

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STIPULATION, DECLARATION, AND [PROPOSED] ORDER TO CONTINUE ORAL ARGUMENT
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AND CASE MANAGEMENT CONFERENCE
4:13-cv-02783-SBA

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IT IS SO STIPULATED.

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Respectfully submitted,

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4 DATED: July 9, 2014

SCOTT+SCOTT, Attorneys at Law, LLP

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By: /s/ Thomas L. Laughlin IV
Thomas L. Laughlin IV
Deborah-Clark Weintraub
SCOTT+SCOTT, Attorneys at Law, LLP
The Chrysler Building
405 Lexington Avenue, 40th Floor
New York, NY 10174
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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Gary V. Mauney
James A. Robert III
LEWIS & ROBERTS, PLLC
One Southpark Center
6060 Piedmont Row Drive South, Suite 140
Charlotte, NC 28287
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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Counsel for Lead Plaintiffs

19 DATE: July 9, 2014

LATHAM & WATKINS LLP

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By: /s/ Allison S. Davidson
Allison S. Davidson (267964)
Patrick E. Gibbs (183174)
140 Scott Drive
Menlo Park, California 94025
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Counsel for Credit Suisse International and Credit
Suisse Securities (USA) LLC

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STIPULATION, DECLARATION, AND [PROPOSED] ORDER TO CONTINUE ORAL ARGUMENT
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AND CASE MANAGEMENT CONFERENCE
4:13-cv-02783-SBA

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Pursuant to Local Rule 6-2, this Stipulation is supported by the following Declaration of

2 Thomas Laughlin.
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DECLARATION OF THOMAS LAUGHLIN

4 I, Thomas Laughlin, declare:
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1.

I am an attorney at Scott+Scott, Attorneys at Law, LLP, counsel for Plaintiffs in

6 this action. I have the principal responsibility for arguing on behalf of Lead Plaintiffs at oral
7 argument regarding Defendants’ Motion to Dismiss. I make this Declaration in support of the
8 parties’ stipulation to continue the oral argument and case management conference scheduled in
9 this action.
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2.

The parties have stipulated to these continuances at my request.

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3.

Oral argument in this matter is presently scheduled for September 9, 2014.

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4.

On July 3, 2014, the United States Court of Appeals for the Ninth Circuit

13 scheduled oral argument on September 9, 2014 in Saginaw Police & Fire Pension v. Andreessen,
14 No. 12-16473.

I am the attorney arguing that appeal.

I cannot ask the Ninth Circuit to

15 reschedule that hearing date as I have already done so once, when the oral argument was initially
16 scheduled during a trial pending in the United States District Court for the District of Maine, in
17 Bankers’ Bank Northeast v. Berry Dunn McNeil & Parker, No. 12-cv-127.
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I declare, under penalty of perjury, that the foregoing is true and correct. Executed on

19 July 9, 2014 at New York, New York.
/s/ Thomas L. Laughlin, IV
Thomas L. Laughlin, IV

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PURSUANT TO THIS STIPULATION IT IS SO ORDERED.

23 DATED:
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7/10/2014
HON. SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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STIPULATION, DECLARATION, AND [PROPOSED] ORDER TO CONTINUE ORAL ARGUMENT
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AND CASE MANAGEMENT CONFERENCE
4:13-cv-02783-SBA

CERTIFICATE OF SERVICE

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I hereby certify that on July 9, 2014, I caused the foregoing to be electronically filed with

3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to
4 the email addresses denoted on the Electronic Mail Notice List.
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I certify under penalty of perjury under the laws of the United States of America that the

6 foregoing is true and correct.
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Executed this 9th day of July, 2014 at New York, New York.
/s/ Thomas L. Laughlin IV
Thomas L. Laughlin IV
SCOTT+SCOTT, Attorneys at Law, LLP
The Chrysler Building
405 Lexington Avenue, 40th Floor
New York, NY 10174
Tel: [phone]
Fax: [phone]
[e-mail]

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STIPULATION, DECLARATION, AND [PROPOSED] ORDER TO CONTINUE ORAL ARGUMENT
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AND CASE MANAGEMENT CONFERENCE
4:13-cv-02783-SBA