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

Filing 61

ORDER Setting Briefing Schedule and Hearing Date for Motion to Remand 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. 61

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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 RESCHEDULING HEARING ON MOTION TO REMAND AND SETTING BRIEFING SCHEDULE [Declaration of James C. Rutten filed concurrently herewith]

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STIPULATION RE HEARING ON MOT. TO REMAND AND SETTING BRIEFING SCHED. 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 September 8, 2010, Plaintiff filed a Motion to Remand this case to state court, which is scheduled to be heard on December 9, 2010; WHEREAS pursuant to the Local Rules, Defendants' opposition to the motion is due by November 18, 2010, and Plaintiff's reply is due by November 29, 2010 (the Monday after Thanksgiving); WHEREAS Plaintiff has requested that Defendants stipulate to continue the hearing date so that Plaintiff will have additional time in which to prepare its reply and will not be required to prepare its reply over the Thanksgiving holiday weekend; WHEREAS Defendants do not object to continuing the hearing date to permit Plaintiff to have such additional time; WHEREAS the Court has not entered a scheduling order; NOW THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES HERETO AND THEIR COUNSEL OF RECORD THAT (1) the hearing on Plaintiff's Motion to Remand shall be continued from December 9, 2010 to February 3, 2011 at 1:30 p.m. (a date and time previously cleared with Chambers); (2) Defendants shall file any papers in opposition to the Motion to Remand by December 20, 2010; and (3) Plaintiff shall file any reply papers in support of the Motion to Remand by January 20, 2011. DATED: November 16, 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

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STIPULATION RE HEARING ON MOT. TO REMAND AND SETTING BRIEFING SCHED. CASE NO. CV-10-3489-LHK

STIP

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DATED: November 16, 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 16, 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

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STIPULATION RE HEARING ON MOT. TO REMAND AND SETTING BRIEFING SCHED. CASE NO. CV-10-3489-LHK

STIP