Ettare v. Baratta et al

Filing 68

ORDER SETTING DEADLINE FOR THIRD STATUS REPORT re 67 Status Report.Third Status Report due by 6/22/2009. Signed by Judge James Ware on 12/16/2008. (ecg, COURT STAFF) (Filed on 12/16/2008)

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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 Attorneys for Plaintiff VIOLETTA ETTARE ER N F D IS T IC T O R UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIOLETTA ETTARE, ) ) Plaintiff, ) ) vs. ) ) JOSEPH E. BARATTA, an individual, ) TBIG FINANCIAL SERVICES, INC., form ) of business unknown, WACHOVIA ) SECURITIES, LLC, a Delaware Limited ) Liability Company, MARK WIELAND, an ) individual, and DOES 1-25, ) ) Defendants. ) ) ) ) Case No.: C-07-4429-JW (PVT) SECOND JOINT STATUS REPORT ON ARBITRATION ORDER SETTING DEADLINE FOR THIRD STATUS REPORT The parties hereby jointly submit to the Court, through their respective counsel, this Second Joint Status Report, in response to the Court's Order Compelling Arbitration Before FINRA And Staying District Court Proceedings Pending Completion Of The Arbitration, dated June 11, 2008. By order filed on September 4, 2008, the Court directed the parties to submit another report on or before December 12, 2008 regarding JOINT STATUS REPORT­ Case No.: C-07-4429-JW (PVT) A C LI CHRISTOPHER C. COOKE, ESQ. (#142342) STEPHEN S. WU, ESQ. (#205091) COOKE KOBRICK & WU LLP 177 Bovet Road, Suite 600 San Mateo, CA 94402 Telephone: (650) 638-2370 Facsimile: (650) 240-0360 Email: UNIT ED S S DISTRICT TE C TA FO mes Wa Judge Ja re R NIA O OR IT IS S DERED 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 the status of the arbitration. Pursuant to that order, the parties advise as follows: On or about June 20, 2008, plaintiff submitted a Statement of Claim to the Financial Industry Regulatory Authority ("FINRA") to initiate the arbitration process. In September 2008, defendants answered the statement of claim, defendants Baratta and TBIG Financial Services, Inc. served a counterclaim on plaintiff. In October, plaintiff submitted an answer to the counterclaim. In November, an arbitration panel was selected, and on December 1, the initial prehearing conference was held. The parties and the arbitrators have scheduled the hearing for the arbitration for June 8 through June 12, 2009 in San Francisco. DATED: December ___, 2008 /S/ CHRISTOPHER C. COOKE STEPHEN S. WU COOKE KOBRICK & WU LLP Attorneys for Plaintiff VIOLETTA ETTARE /S/ (By permission) GILBERT R. SEROTA DIANA C. CAMPBELL MILLER HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN Attorneys for Defendants JOSEPH E. BARATTA and TBIG FINANCIAL SERVICES, INC. /S/ JUDY LOUIE WACHOVIA SECURITIES LLC Attorneys for Defendants WACHOVIA SECURITIES, LLC and MARK WIELAND DATED: December ___, 2008 DATED: Decomber ___, 2008 *** ORDER *** In light of the parties' representation, the Court sets another deadline for the parties to file a Third Status Report to update the Court on the progress of arbitration. On or before June 22, 2009, the parties shall file their Third Status Report. Dated: December 16, 2008 _______________________________ JAMES WARE United States District Judge -2JOINT STATUS REPORT­ Case No.: C-07-4429-JW (PVT)

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