Hunter v. Okun et al

Filing 180

ORDER STAYING CASE PENDING MDL PANEL'S HEARING ON MOTION TO TRANSFER re 179 Stipulation,, filed by Anita Hunter. Signed by Judge James Ware on February 26, 2009. (jwlc1, COURT STAFF) (Filed on 2/26/2009)

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Thomas Foley, SBN. 65812 E-Mail: [e-mail] FOLEY, BEZEK, BEHLE & CURTIS, LLP 15 W. Carrillo Street Santa Barbara, CA 93101 Telephone: [phone] Facsimile: 805.962.0722 Attorneys for Plaintiffs, and all others similarly situated Jack R. Nelson, SBN 111863 E-Mail: [e-mail] REED SMITH LLP 1510 Page Mill Road, Suite 110 Palo Alto, California 94304 Telephone: [phone] Facsimile: 650.352.0699 Attorneys for Defendant Wachovia Bank, N.A.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No.: 5:07-cv-02795 JW ORDER STAYING CASE RE BRIEFING REVISED STIPULATION PENDING MDL PANEL'S HEARING ON MOTION SCHEDULE FOR WACHOVIA'S TO MOTION TO TRANSFER TRANSFER Date: March 30, 2009 Time: 10:00 a.m.

23 ANITA HUNTER, et al., 24 25 vs. Plaintiffs,

26 EDWARD H. OKUN, et al., 27 28 Defendants.

Case No.: 5:07-cv-02795 JW 1 REVISED STIPULATION RE BRIEFING SCHEDULE FOR WACHOVIA'S MOTION TO TRANSFER

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Robert L. Brace, SBN. 122240 E-Mail: [e-mail] Michael P. Denver, SBN 199279 E-Mail: [e-mail] HOLLISTER & BRACE P.O. Box 630 Santa Barbara, CA 93102 Tel: [phone] Fax: [phone]

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WHEREAS, on January 20, 2009, Plaintiffs filed a Motion for Transfer and Consolidation of Related Actions to the Northern District of California or the District of Nevada Under 28 U.S.C. § 1407 ("Plaintiff's MDL Transfer Motion"), before the Judicial Panel on Multidistrict Litigation ("MDL Panel") with a hearing date to be set by the MDL Panel, WHEREAS on February 13, 2009, Wachovia filed its Motion to Transfer Pursuant to 28 U.S.C. Sections 1412 and/or 1404(a) ("Wachovia's N.D. Cal. Transfer Motion") in this Court, set to be heard on March 30, 2009, WHEREAS, the MDL Panel recently set a hearing date for Plaintiff's MDL Transfer Motion to be heard on March 26, 2009, WHEREAS, Plaintiffs believe that this Court's determination on Wachovia's N.D. Cal. Transfer Motion should be postponed until, at the earliest, sometime after the MDL Panel has ruled on Plaintiff's MDL Transfer Motion, WHEREAS, Wachovia believes that this Court should rule on Wachovia's N.D. Cal. Transfer Motion irrespective of the MDL Panel's consideration of, or ruling on, Plaintiffs' MDL Transfer Motion, WHEREAS, there is another hearing currently set before this Court for Monday, March 9, 2009, at which point counsel for the parties intend to seek the Court's determination concerning the timing of the briefing and hearing on Wachovia's N.D. Cal. Transfer Motion, WHEREAS, to avoid any party's having to brief an issue that the Court may postpone determination of (the substance of Wachovia's N.D. Cal. Transfer Motion), the parties have agreed to a proposed revised briefing schedule for Plaintiffs' Opposition to Wachovia's N.D. Cal. Transfer Motion that will allow the parties to receive the Court's comments concerning the timing issue while also allowing any interested party sufficient time to prepare their Opposition or other response, and Wachovia' its Reply, in the event the Court decides not to postpone the matter, WHEREAS, the parties, by and through their counsel of record have agreed that: Plaintiffs' Opposition (and any other party's opposition or response) is to be filed on Monday, March 16, 2009
Case No.: 5:07-cv-02795 JW 2 REVISED STIPULATION RE BRIEFING SCHEDULE FOR WACHOVIA'S MOTION TO TRANSFER

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Wachovia's Reply is to be filed on Monday, March 23, 2009 WHEREAS, this briefing schedule is applicable to all parties who would oppose or respond to Wachovia's N.D. Cal. Transfer Motion, WHEREAS, the parties' stipulation to this briefing schedule is independent of whether or not the Court ultimately enters an Order hereon, such that in the event the Court declines to enter such an Order, Wachovia waives its right to argue that Plaintiffs' Opposition (or any other party's opposition or response) is late, provided it is filed within the time set forth in this stipulation, and Plaintiffs and any other party signing below waive their right to argue that Wachovia's Reply is late, provided it is filed within the time set forth in this stipulation. SO STIPULATED. Date: February 24, 2009 HOLLISTER & BRACE FOLEY BEZEK BEHLE & CURTIS, LLP By:__________/s/_____________________ Thomas G. Foley, Jr., Rusty Brace, counsel for Plaintiffs Date: February 24, 2009 REED SMITH, LLP By:__________/s/_____________________ Jack R. Nelson, counsel for Defendant Wachovia Bank, N.A. Date: February 24, 2009 MARGOLIS & TISMAN LLP

By:_________/s/______________________ Mike Margolis, counsel for Defendant San Francisco Series of Lockton Companies, LLC

Case No.: 5:07-cv-02795 JW 3 REVISED STIPULATION RE BRIEFING SCHEDULE FOR WACHOVIA'S MOTION TO TRANSFER

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ORDER In light of the pending Motion to Transfer before the MDL Panel set to be heard on PURSUANT TO STIPULATION, IT IS SO ORDERED. March 26, 2009, the Court finds good cause to STAY this case pending the Panel's decision. Accordingly, all pending Motions currently set for hearing on March 9, 2009 and March 30, ________________________ 116, 139, 164) _______________________________________ 2009 (Docket Item Nos. 112, are ordered off calendar. All deadlines are DATE Honorable James Ware UNITED STATES DISTRICT JUDGE VACATED, including the Case Management Conference currently scheduled for March 9, 2009. Within ten (10) days of the Panel's decision, the parties shall file a Joint Status Statement. The Statement shall include, among other things, the parties' request to lift the stay and a proposed schedule to address the pending motions. Dated: February 26, 2009 ______________________________ JAMES WARE United States District Judge

[PROPOSED] ORDER REVISED STIPULATION RE BRIEFING SCHEDULE FOR WACHOVIA'S MOTION TO TRANSFER

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Case No.: 5:07-cv-02795 JW