Ho v. Ernst & Young LLP

Filing 227

STIPULATION AND ORDER CONTINUING DEADLINE FOR FILING MOTION FOR CERTIFICATION OF CLASS ACTION, AND BRIEFING SCHEDULE (approving 226 ). Signed by Judge Jeremy Fogel on 6/7/2010. (jflc2, COURT STAFF) (Filed on 6/10/2010)

MARK R. THIERMAN, (State Bar No. 72913) LEON GREENBERG, (State Bar No. 226253) THIERMAN LAW FIRM 7287 Lakeside Drive, Suite 101 Reno , NV 89511 Telephone: [phone] Facsimile: (775) 703- 5027
5' H.

**E-Filed 6/10/2010**

TIM HOFFMAN, (State Bar No. 49141) ARTHUR W. LAZEAR, (State Bar No. 83603) ROSS L. LIBENSON, (State Bar No. 181912) HOFFMAN & LAZEAR 180 Grand Avenue, Suite 1550 Oakland , CA 94612
Telephone: [phone]
Facsimile: (510) 835- 1311

MAX FOLKENFLIK FOLKENFLIK & MCGERITY 1500 Broadway, 21 St Floor New York, NY 10036 Telephone: [phone]
Facsimile: [phone]

Interim Lead Counsellor Plaintiffs

CATHERINE A. CONWAY (SBN 98366) GREGORYW. KNOPP (SBN 237615) CHRISTOPHER PETERSEN (SBN 260631) AKIN GUMP STRAUSS HAUER & FELD LLP 2029 Century Park East, Suite 2400 Los Angeles, CA 90067-3012 Telephone: [phone] Facsimile: 310-229- 1001

Attorneys for Defendant
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
DAVID HO, on behalf of himself and all Case No. C 05 04867 (JF) others similarly situated and on behalf of the general public and DOES #1STIPULATION AND -------------------(PROPOSED)

Plaintiffs

ORDER CONTINUING DEADLINE FOR FILING MOTION FOR CERTIFICATION OF CLASS ACTION, and BRIEFING SCHEDULE
Hon. Jeremy Fogel

ERNST & YOUNG, LLP

Defendants.

601659. 0004 WEST 6469984 vI

STIPULATION AND (PROPOSED) ORDER CONTINUING DEADLINE FOR FILING MOTION FOR CERTIFICATION OF CLASS ACTION and BRIEFING SCHEDULE Case No. C 05 04867-JF (HRL) (Consolidated for Class Certification Purposes with Case Nos. C-08- 4988- JF and C-08-2853-JF)

WHEREAS the Court has set June 30 2010 , as the date for Plaintiffs to file their motion for class certification in the above-captioned action;

WHEREAS each party intends to take additional depositions prior to submitting their

respective class certification briefs, and the parties have not yet been able to conduct these depositions because of scheduling conflicts;

WHEREAS the parties have met and conferred and agreed to the class certification briefing
schedule set forth below;

THEREFORE IT IS HEREBY STIPULATED by and between the parties hereto through their
respective undersigned counsel that:

Plaintiffs shall have up to and including July 30 2010 to file their Motion For Class

Certification;
Defendant shall have up to and including September 30, 2010 to file an opposition to

Plaintiffs ' Motion For Class Certification; and
Plaintiffs shall have up to and including November 1 2010 to file a reply to Defendant'

Opposition to Plaintiff' s Motion For Class Certification.

Dated: May 27, 2010

/s/ Ross L. Libenson Ross L. Libenson HOFFMAN & LAZEAR Attorney for Plaintiffs

Dated: May 27 2010

/s/ Gregory W. Knopp

GREGORYW. KNOPP (SBN237615) AKIN GUMP STRAUSS HAUER &
FELD LLP

Attorney for Defendant

601659.

0004 WEST 6469984 vI

STIPULATION AND (PROPOSED) ORDER CONTINUING DEADLINE FOR FILING MOTION FOR CERTIFICATION OF CLASS ACTION and BRIEFING SCHEDULE Case No. C 05 04867-JF (HRL) (Consolidated for Class Certification Purposes with Case Nos. C-08-4988-JF and C-08-2853-JF)

ORDER
IT IS SO ORDERED.

Dated:

6/7/2010

2010

United States District Judge

601659.

0004 WEST 6469984 vi

STIPULATION AND (PROPOSED) ORDER CONTINUING DEADLINE FOR FILING MOTION FOR CERTIFICATION OF CLASS ACTION and BRIEFING SCHEDULE Case No. C 05 04867-JF (HRL) (Consolidated for Class Certification Purposes with Case Nos. C- 08- 4988- JF and C-08-2853-JF)

~~~
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 2029 Century Park East, Suite 2400, Los Angeles California 90067. On May 27 2010 , I served the foregoing document(s) described as: STIPULATION AND (PROPOSED) ORDER CONTINUING DEADLINE FOR FILING MOTION FOR CERTIFICATION OF CLASS ACTION, and BRIEFING SCHEDULE on the interested party(ies) below, using the following means:

All parties identified for Notice of Electronic Filing generated by the Court' s CMIECF system under the referenced case caption and number
IZI BY ELECTRONIC MAIL OR ELECTRONIC TRANSMISSION.

Based on a court order or an agreement of the parties

to accept service bye-mail or electronic transmission, I caused the document(s) to be sent to the

respective e-mail addressees) of the party(ies) as stated above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.
I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

Executed on May 27, 2010 at Los Angeles, California.

Rose Shushanyan

Print Name

601659. 0004 WEST 6469984 vi

PROOF OF SERVICE