Rezner v. Bayerische Hypo-Und Vereinsbank AG et al

Filing 151

STIPULATION AND ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE AND HEARING ON MOTION TO DISMISS re (149 in 5:06-cv-02064-JW) Stipulation filed by Bayerische Hypo-Und Vereinsbank AG, (18 in 5:08-cv-03479-JW) Stipulation filed by Bayerische Hypo-Und Ver einsbank AG. Pretrial Conference as to 5:08-cv-03479-JW set for 3/9/2009 10:00 AM, and Pretrial Conference as to 5:06-cv-02064-JW set for 3/9/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 1/28/2009. (ecg, COURT STAFF) (Filed on 1/29/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DOCUMENT PREPARED ON RECYCLED PAPER

Kathryn Keneally India Decarmine Fulbright & Jaworski L.L.P. 666 Fifth Avenue New York, New York 10103 telephone: [phone] facsimile: [phone] email: [e-mail] email: [e-mail]

ER

N

D IS T IC T R

OF

Attorneys for Defendants BAYERISCHE HYPO- UND VEREINSBANK AG and HVB U.S. FINANCE, INC. William M. Lukens (Bar No. 037196) Jennifer L. Jonak (Bar No. 191323) Lukens Law Group One Maritime Plaza San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No. CV-06-2064 (JW) ) Case No. CV-08-3479 (JW) JWILLIAM E. GUSTASHAW, JR., on his own ohn Rezner, behalf and on bahalf of all others similarly ) situated, ) STIPULATION AND [PROPOSED] William E. Gustashaw, ) ORDER REGARDING Plaintiff, ) RESCHEDULING CASE Plaintiffs, ) MANAGEMENT CONFERENCE v. ) AND HEARING ON MOTION TO ) DISMISS v. BAYERISCHE HYPO- UND VEREINSBANK ) AG, a corporation, et al., ) Bayerische Hypo-Und Vereinsbank, AG, a ) corporation, et al., Defendants. ) ) ) Defendants. ) )
55386583.1 STIPULATION CASE MANAGEMENT CONFERENCE Case No. CV-08-3479 (JW)

A

C

LI

FO

m Judge Ja

es Ware

R NIA

Joseph H. Park (Bar No. 175064) Tarifa B. Laddon (Bar No. 240419) Fulbright & Jaworski L.L.P. 555 South Flower Street, 41st Floor Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] email: [e-mail] email: [e-mail]

UNIT ED

S

S DISTRICT TE C TA

DERED SO OR ED IT IS DIFI AS MO

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DOCUMENT PREPARED ON RECYCLED PAPER

This Stipulation is entered into by and between Defendants Bayerische Hypo- und Vereinsbank AG and HVB U.S. Finance Inc. (f/k/a HVB Structured Finance, Inc.) (collectively "HVB") and Plaintiff William E. Gustashaw, Jr. ("Plaintiff"), through their respective counsel of record. RECITALS A. Currently pending before the Court are two cases which have been ordered related

­ the instant case Gustashaw v. Bayerische Hypo- Und Vereinsbank, A.G. et al., Case No. CV-083479 (JW) and Rezner v. Bayerische Hypo- Und Vereinsbank, A.G. et al., Case No. CV-062064 JW (RS) B. Plaintiffs in both the Rezner and Gustashaw cases are represented by William M.

Lukens and Jennifer L. Jonak of the Lukens Law Group while HVB, the defendant in both actions, is primarily represented by Kathryn Keneally and Joseph Park of Fulbright & Jaworski's New York and Los Angeles offices, respectively. C. The following matters are currently scheduled to be addressed by the Court on the

following dates in the following actions: Case Gustashaw Rezner Gustashaw Matter Case Management Conference Pretrial Conference Hearing on Motion to Dismiss Time/Date 10 a.m., February 9, 2009 11 a.m., February 23, 2009 9 a.m., March 9, 2009

D.

One of the parties' litigation counsel has a conflict with the February 23, 2009

date, but all counsel are available on March 9, 2009. E. Given: (1) that the Rezner and Gustashaw Actions are related; (2) the identity of

counsel for the parties in both actions; (3) the unavailability of one of the litigation counsel on February 23, 2009; (4) the availability of counsel on March 9, 2009, the currently scheduled date for the hearing on HVB's Motion to Dismiss the Gustashaw action; and (5) that counsel for HVB are from New York and Los Angeles: the parties seek to have the Case Management Conference

55386583.1

-1STIPULATION

Case No. CV-08-3479 (JW)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DOCUMENT PREPARED ON RECYCLED PAPER

and Motion to Dismiss hearing in the Gustashaw case and the Pre-Trial Conference in the Rezner case all heard and addressed on March 9, 2009 at 11:00 a.m. STIPULATION Based on the foregoing recitals, the parties, through their respective counsel of record, stipulate and agree as follows: 1. The Case Management Conference and the hearing on HVB's Motion to Dismiss

in the Gustashaw action and the Pretrial Conference in the Rezner action are each continued to March 9, 2009 at 11:00 a.m. 2. The parties' shall file their Joint Case Management Statement in the Gustashaw

action on or before February 27, 2009. Kathryn Keneally Joseph H. Park India Decarmine Tarifa B. Laddon FULBRIGHT & JAWORSKI L.L.P. Dated: January 27, 2009

Joseph H. Park Attorneys for Defendants BAYERISCHE HYPOUND VEREINSBANK AG and HVB U.S. FINANCE, INC. William M. Lukens Jennifer L. Jonak LUKENS LAW GROUP

Dated: January 27, 2009

/S/ Jennifer L. Jonak Jennifer L. Jonak Attorneys for Plaintiff WILLIAM E. GUSTASHAW, JR.

55386583.1

-2STIPULATION

Case No. CV-08-3479 (JW)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DOCUMENT PREPARED ON RECYCLED PAPER

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that: The Court finds good cause to grant the parties' Stipulation as modified: A. The Case Management Conference in the Gustashaw action, the hearing on the (1) The Case Management Conference in the Gustashaw action is continued from February 2, Motion to Dismiss in the Gustashaw action, and the Pretrial Conference in the Rezner action are 2009 to March 9, 2009 at 10 a.m. On or before February 27, 2009, the parties shall file a Joint each continued to March 9, 2009 at 11:00 a.m. Case Management Statement. The Statement shall include, among other things, a good faith B. The parties are to submit their Joint Case Management Statement in the discovery action on proposed date for 27, 2009. Gustashawplan with aor before February the close of all discovery. (2) The Preliminary Pretrial Conference in the Rezner action is continued from February 23, 2009 to March 9, 2009 at 11 a.m. On or before February 27, 2009, the parties shall file a Joint DATED: January , 2009 Preliminary Pretrial Statement. The Statement shall include, among other things, the parties' Honorable James Ware United States District Court Judge position with respect to their readiness for trial and a proposed schedule for trial.

Dated: January 28, 2009

____________________________ JAMES WARE United States District Judge

55386583.1

-3STIPULATION

Case No. CV-08-3479 (JW)