Thieriot v. Aig Matched Funding et al

Filing 99

STIPULATION AND ORDER AS MODIFIED BY THE COURT MODIFYING CASE SCHEDULE re 95 Stipulation. Close of All Discovery due by 8/3/2009. Last Date to Hear Dispositive Motions due by 10/5/2009. Preliminary Pretrial Conference statement due 6/26/2009. Preli minary Pretrial Conference set for 7/6/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. The Court is encouraged that the parties are in settlement discussion. In their Joint Conference Statement for the July 6, 2009 hearing, the parties shall update the Court in their efforts. Signed by Judge James Ware on 5/20/2009. (ecg, COURT STAFF) (Filed on 5/20/2009)

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DECHERT LLP H. JOSEPH ESCHER III (No. 85551) [e-mail] FRANCE JAFFE (No. 217471) [e-mail] One Maritime Plaza, Suite 2300 San Francisco, California 94111-3513 Telephone: [phone] Facsimile: 415.262.4555 Attorneys for Defendants AIG Matched Funding Corp., et al.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION RICHARD T. THIERIOT, an individual, Plaintiff, v. AIG MATCHED FUNDING CORP., AIG FINANCIAL SECURITIES CORP., AIG FINANCIAL PRODUCTS CORP., BANQUE AIG, and DOES ONE through THIRTY, inclusive, Defendants. JOINT STIPULATION AND [PROPOSED] ORDER MODIFYING CASE SCHEDULE TO ALLOW FOR FURTHER SETTLEMENT DISCUSSIONS Case No. 07-5069 JW (RS)

Courtroom 8, 4th Floor Judge: The Hon. James Ware

STIPULATION AND [PROPOSED] ORDER (Case No. 07-5069 JW (RS))

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LUKENS LAW GROUP WILLIAM M. LUKENS (SBN 037196) [e-mail] JENNIFER L. JONAK (SBN 191323) [e-mail] MAUREEN MCGUIRL (SBN 104071) [e-mail] One Maritime Plaza, Suite 1600 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Richard T. Thieriot

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Plaintiff Richard T. Thieriot and defendants AIG Matched Funding Corp., AIG Financial Securities Corp., AIG Financial Products Corp., and Banque AIG (collectively "AIG"), through their respective counsel of record, hereby stipulate and agree as follows: WHEREAS, the parties have diligently pursued discovery in keeping with the Court's existing deadlines in this case; WHEREAS, on May 13, 2009 the parties participated in a private mediation of this matter before the Honorable Layn Phillips (Ret.); WHEREAS, the parties have committed to continuing their efforts to resolve the dispute which is the subject of this action and to that end have agreed to stay their litigation activities for approximately one month to focus their efforts on resolution of this matter; WHEREAS, counsel for the parties believe that a four week extension of the existing deadlines will allow them to maximize their clients' attempts to resolve this matter, and in good faith, request that the Court consider this modest extension of the schedule so as to direct litigation costs and efforts towards resolution; IT IS HEREBY STIPULATED and the parties request that the Court modify the current Scheduling Order to accommodate the settlement effort as follows :

Current Date Close of Discovery Last Day for Hearing Dispositive Motions Preliminary Pretrial Conference Preliminary Pretrial Conference Statements July 6, 2009 Sept. 14, 2009 June 8, 2009 May 29, 2008

Proposed Date August 3, 2009 October 12,2009 October 5, 2009 July 6, 2009 July 6, 2008 June 26, 2009

The Parties have previously requested that the current scheduling order be modified to permit a brief period of time to make expert witness disclosures. The modification to the scheduling order proposed herein will affect other deadlines insofar as
STIPULATION AND [PROPOSED] ORDER (Case No. 07-5069 JW (RS))

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those dates are tied to the close of discovery, but the parties have attempted to make this stay and extension as modest as possible so as to minimize the impact on the case schedule and on the Court. Dated: May 14, 2009 LUKENS LAW GROUP WILLIAM M. LUKENS (SBN 037196) JENNIFER L. JONAK (SBN 191323) MAUREEN MCGUIRL (SBN 104071)

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/s/ Jennifer L. Jonak . Attorneys for Plaintiff Richard T. Thieriot

Dated: May 14, 2009

DECHERT LLP H. JOSEPH ESCHER III (No. 85551) FRANCE JAFFE (No. 217471) By: ____________/s/____________________ H. JOSEPH ESCHER III Attorneys for Defendants AIG Matched Funding Corp., AIG Financial Securities Corp., AIG Financial Products Corp., and Banque AIG

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Court is encouraged that the parties are in settlement discussion. In their Joint Conference Statement for the July 6, 2009 hearing, the parties shall update the Court in their efforts. May_______, 2009 Dated: May 20, 2009 _______________________________ The Honorable James Ware United States District Judge

STIPULATION AND [PROPOSED] ORDER (Case No. 07-5069 JW (RS))

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