Northstar Financial Advisors Inc. v. Schwab Investments et al

Filing 180

ORDER Approving Stipulated Extension of Deadlines. Signed by Judge Lucy H. Koh on 3/21/2011. (lhklc2, COURT STAFF) (Filed on 3/21/2011)

Northstar Financial Advisors Inc. v. Schwab Investments et al

Doc. 180

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Joseph J. Tabacco, Jr. (75484) [e-mail] Christopher Heffelfinger (118058) [e-mail] Anthony D. Phillips (259688) [e-mail] BERMAN DEVALERIO LLP One California Street, Suite 900 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Northstar Financial Advisors, Inc. [Additional Counsel Appear on Signature Page]

9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [C 08-04119 (LHK)] STIPULATION EXTENDING DATE TO FILE THIRD AMENDED COMPLAINT AND MODIFYING BRIEFING SCHEDULE
Dockets.Justia.com

NORTHSTAR FINANCIAL ADVISORS, INC., on Behalf of Itself and All Others Similarly Situated, Plaintiff, v. SCHWAB INVESTMENTS; and MARIANN BYERWALTER, DONALD F. DORWARD, WILLIAM A. HASLER, ROBERT G. HOLMES, GERALD B. SMITH, DONALD R. STEPHENS, MICHAEL W. WILSEY, CHARLES R. SCHWAB, RANDALL W. MERK, JOSEPH H. WENDER and JOHN F. COGAN as TRUSTEES OF SCHWAB INVESTMENTS; and CHARLES SCHWAB INVESTMENT MANAGEMENT, INC., Defendants.

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Case No. C 08-04119 (LHK) CLASS ACTION STIPULATION EXTENDING DATE TO FILE THIRD AMENDED COMPLAINT AND MODIFYING BRIEFING SCHEDULE

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Plaintiff Northstar Financial Advisors, Inc. ("Northstar") and defendants Schwab Investments, Mariann Byerwalter, Donald F. Dorward, William A. Hasler, Robert G. Holmes, Gerald B. Smith, Donald R. Stephens, Michael W. Wilsey, Charles R. Schwab, Randall W. Merk, Joseph H. Wender and John F. Cogan as Trustees of Schwab Investments; and Charles Schwab Investment Management, Inc. ("Defendants"), by and through their counsel, hereby jointly submit a stipulated request for an order extending Northstar's date to file the Third Amended Class Action Complaint and to establish a briefing schedule for Defendants' motion to dismiss that Complaint. RECITALS WHEREAS, on September 29, 2010, plaintiff filed its Second Amended Complaint ("SAC"), and on November 10, 2011, Defendants filed their Motion to Dismiss the Second Amended Complaint; WHEREAS, on March 2, 2011, the Court issued its Corrected Order Granting in Part and Denying in Part Defendants' Motion to Dismiss the SAC [Docket #175] which, among other matters, directed Plaintiff to file a Third Amended Complaint ("TAC") by no later than March 22, 2011; WHEREAS, counsel for defendants has requested a two-week extension to respond to the TAC on briefing for scheduling reasons; and, in response, counsel for plaintiff has requested a oneweek extension within which to file its TAC; WHEREAS, plaintiff shall file its TAC by no later than March 29, 2011, and counsel for defendants will serve and file any response to the TAC by no later than April 25, 2011; and WHEREAS, defendants Schwab Investments, Charles Schwab & Co., Inc., and Charles Schwab Investment Management, Inc., through their prior counsel, have previously requested and entered into two stipulations with counsel for plaintiff seeking to extend time [Docket Nos. 8 and 85]; and the parties mutually agreed to one scheduling stipulation [Docket # 121].

[C 08-04119 (LHK)] STIPULATION EXTENDING DATE TO FILE THIRD AMENDED COMPLAINT AND MODIFYING BRIEFING SCHEDULE

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1 2 3 4 5 6 Dated: March 18, 2011 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STIPULATION IT IS HEREBY STIPULATED, subject to the Court's approval, by and between counsel for Northstar and Defendants: 1. 2. The last day for Plaintiff to file its Third Amended Complaint is March 29, 2011; and Defendants shall respond by no later than April 25, 2011. Respectfully submitted, BERMAN DEVALERIO By: /s/ Christopher T. Heffelfinger Christopher T. Heffelfinger

Joseph J. Tabacco, Jr. Anthony D. Phillips One California Street, Suite 900 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Robert C. Finkel WOLF POPPER LLP 845 Third Avenue New York, NY 10022 Telephone: [phone] Facsimile: [phone] Marc J. Gross GREENBAUM ROWE SMITH & DAVIS LLP 75 Livingston Street, Suite 301 Roseland, NJ 07068 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Northstar Financial Advisors, Inc.

[C 08-04119 (LHK)] STIPULATION EXTENDING DATE TO FILE THIRD AMENDED COMPLAINT AND MODIFYING BRIEFING SCHEDULE

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Dated: March 18, 2011

QUINN EMANUEL URQUHART & SULLIVAN, LLP

By:

/s/ Karin Kramer Karin Kramer

Patrick Doolittle Arthur M. Roberts 50 California Street, 22nd Floor San Francisco, CA 94111-4788 Telephone: [phone] Facsimile: [phone] Richard A. Schirtzer QUINN EMANUEL URQUHART & SULLIVAN, LLP 865 Figueroa Street, 10th Floor Los Angeles, CA 90017 Telephone: [phone] Facsimile: [phone] Attorneys for defendants Schwab Investments, Mariann Byerwalter, Donald F. Dorward, William A. Hasler, Robert G. Holmes, Gerald B. Smith, Donald R. Stephens, Michael W. Wilsey, Charles R. Schwab, Randall W. Merk, Joseph H. Wender and John F. Cogan as Trustees of Schwab Investments, and Charles Schwab Investment Management, Inc. E-FILING ATTESTATION Pursuant to General Order No. 45, Section X(B) regarding signatures, Christopher T. Heffelfinger hereby attests that concurrence in the filing of this document has been obtained. By: /s/ Christopher T. Heffelfinger Christopher T. Heffelfinger

ORDER Pursuant to stipulation, IT IS SO ORDERED.

Dated: March 21, 2011 HONORABLE LUCY KOH UNITED STATES DISTRICT JUDGE [C 08-04119 (LHK)] STIPULATION EXTENDING DATE TO FILE THIRD AMENDED COMPLAINT AND MODIFYING BRIEFING SCHEDULE

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