The Charles Schwab Corporation v. Banc of America Securities LLC et al

Filing 60

ORDER Extending Time to Respond to Complaint per Stipulation. Signed by Judge Lucy H. Koh on 11/18/2010. (lhklc2, COURT STAFF) (Filed on 11/18/2010)

The Charles Schwab Corporation v. Banc of America Securities LLC et al

Doc. 60

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MUNGER, TOLLES & OLSON LLP Marc T.G. Dworsky (SB# 157413) James C. Rutten (SB# 201791) Daniel R. McCarthy (SB# 255732) 355 South Grand Avenue, 35th floor Los Angeles, California 90071-1560 [phone]; [phone] (fax) [e-mail] [e-mail] [e-mail] MUNGER, TOLLES & OLSON LLP David H. Fry (SB# 189276) Carolyn V. Zabrycki (SB# 263541) 560 Mission Street, 27th floor San Francisco, California 94105-2907 [phone]; [phone] (fax) [e-mail] [e-mail] Attorneys for Defendants WELLS FARGO BANK, N.A. and WELLS FARGO ASSET SECURITIES CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

THE CHARLES SCHWAB CORPORATION, Plaintiff, vs. BANC OF AMERICA SECURITIES LLC et al. Defendants.

CASE NO. CV-10-3489-LHK STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE TO RESPOND TO AMENDED COMPLAINT [Declaration of James C. Rutten filed concurrently herewith]

12304305.1

STIPULATION RE DEADLINE TO RESP. TO AMENDED COMPLAINT CASE NO. CV-10-3489-LHK

Dockets.Justia.com

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WHEREAS on July 27, 2010, Plaintiff filed its Amended Complaint in the Superior Court of the State of California for the County of San Francisco; WHEREAS on August 9, 2010, Defendants removed the case to this Court; WHEREAS on August 16 and September 16, 2010, the parties submitted stipulations, which the Court thereafter approved, providing that Defendants would have until November 15, 2010 to answer, move against, or otherwise respond to the Amended Complaint; WHEREAS on September 8, 2010, Plaintiff filed a Motion to Remand this case to state court, which currently is scheduled to be heard on December 9, 2010; WHEREAS the parties have been discussing continuing the hearing on the Motion to Remand and agreeing on a briefing schedule, and anticipate submitting a stipulation and proposed order in connection therewith in the near future; WHEREAS the parties believe that in the interests of judicial efficiency and the orderly administration of the case, it makes sense for the Motion to Remand to be addressed before Defendants are required to respond to the Amended Complaint; WHEREAS the Court has not entered a scheduling order or otherwise set dates in the

NOW THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES HERETO AND THEIR COUNSEL OF RECORD THAT Defendants shall have until 21 days after the Court's decision on the Motion to Remand to answer, move against, or otherwise respond to the Amended Complaint, without prejudice to their right to seek adjournment or additional time from the Court in which to do so.

DATED: November 15, 2010

MUNGER, TOLLES & OLSON LLP By: /s/ James C. Rutten James C. Rutten

Attorneys for Defendants WELLS FARGO BANK, N.A. and WELLS FARGO ASSET SECURITIES CORPORATION
STIPULATION RE DEADLINE TO RESP. TO AMENDED COMPLAINT CASE NO. CV-10-3489-LHK

12304305.1

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12304305.1

DATED: November 15, 2010

WILLIAMS & CONNOLLY LLP SWANSON & MCNAMARA LLP By: /s/ R. Hackney Wiegmann R. Hackney Wiegmann

Attorneys for Defendant UBS SECURITIES LLC

DATED: November 15, 2010

CLEARY GOTTLIEB STEEN & HAMILTON LLP By: /s/ Meredith Kotler Meredith Kotler

Attorneys for Defendants BANC OF AMERICA SECURITIES LLC and BANC OF AMERICA FUNDING CORPORATION

DATED: November 15, 2010

GOODIN, MACBRIDE, SQUERI, DAY & LAMPREY LLP GRAIS & ELLSWORTH LLP By: /s/ Anne Hartman Anne Hartman

Attorneys for Plaintiff THE CHARLES SCHWAB CORPORATION

***** PURSUANT TO STIPULATION, IT IS SO ORDERED:

DATED: November 18, 2010

__________________________________ The Honorable Lucy H. Koh United States District Court Judge
STIPULATION RE DEADLINE TO RESP. TO AMENDED COMPLAINT CASE NO. CV-10-3489-LHK

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