Quesada et al-v-Bank of America Corporation

Filing 20

ORDER APPROVING 18 STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference set for 7/8/2011 is CONTINUED to 9/9/2011 at 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 7/7/2011. (jflc2, COURT STAFF) (Filed on 7/7/2011)

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David C. Powell (SBN 129781)
Email: [e-mail]
Heather B. Hoesterey (SBN 201254)
Email: [e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone:
[phone]
Facsimile:
[phone]

**E-Filed 7/7/2011**

Attorneys for Defendant Merrill, Lynch, Pierce,
Fenner & Smith, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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SAN JOSE DIVISION

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ELWOOD QUESADA, JAMES DeROSA, and
Others Similarly Situated,
Plaintiffs,

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Case No. CV-11-01703 JF
STIPULATED REQUEST AND
------------------- ORDER TO CONTINUE
[PROPOSED]
CASE MANAGEMENT CONFERENCE

vs.
BANC OF AMERICA INVESTMENT
SERVICES, INC., NKA MERRILL LYNCH,
PIERCE, FENNER & SMITH, INC,

Date: July 8, 2011
Time: 10:30 a.m.
Courtroom: 3
The Honorable Jeremy Fogel

Defendant.

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IT IS HEREBY STIPULATED AND REQUESTED, by and between Plaintiffs Elwood

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Quesada and James DeRosa (“collectively “Plaintiffs”) and defendant Banc of America Investment

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Services, Inc., now known as Merrill, Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”),

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through their respective attorneys of record, and based upon good cause, that the Court may make

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and issue its Order Continuing the Case Management Conference in this matter, currently set for 10:

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a.m. on July 8, 2011, until September 9, 2011, or such other date as the Court is available. Good

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cause exists for this request, as follows:

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Case No. CV – 11 – 01703 JF
–1–
US_ACTIVE-106629481.1
STIPULATION AND PROPOSED ORDER TO CONTINUE STATUS CONFERENCE

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(1)

On or about February 7, 2011 Plaintiffs filed a Complaint against Bank of America

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Corporation (“BAC”) in the Superior Court for the State of California county of Santa Clara, case

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number 111CV193724. BAC removed the action to this court and filed a Motion to Dismiss the

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Complaint;

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(2)

In response to BAC’s Motion to Dismiss, Plaintiffs filed an Amended Complaint on

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or about May 11, 2011. In the Amended Complaint, Plaintiffs dismissed BAC and alleged claims

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against Merrill Lynch;

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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(3)

On or about May 16, 2011 Merrill Lynch, by and through its counsel, executed a

Waiver of Service of Summons of the Amended Complaint in this matter;
(4)

The time for Merrill Lynch to respond to the Amended Complaint will not have run

as of the July 8, 2011 date, Merrill Lynch will not have appeared, and the matter will not be at issue;

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(5)

Plaintiffs’ counsel is unavailable on July 8, 2011.

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(6)

The parties request this continuance and believe there is good cause for this

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continuance because the parties believe a Rule 26(f) conference will be more efficient, the parties

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will be better able to assess the issues, and the parties will be able to present this Court with a more

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informative and reasoned report under Federal Rule of Civil Procedure Rules 16(b) and 26 and Local

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Rule 16-9 after Merrill Lynch has appeared in this action and responded to the Amended Complaint.

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DATED: June 29, 2011

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LAW OFFICES OF JON E. DRUCKER

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By

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/ s / Jon E. Drucker
Jon E. Drucker
Attorneys for Plaintiffs Elwood Quesada and James
DeRosa

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DATED: June 29, 2011
REED SMITH LLP

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By

/ s / Heather B. Hoesterey
Heather B. Hoesterey
Attorneys for Defendant Merrill, Lynch, Pierce,
Fenner & Smith, Inc.

Case No. CV – 11 – 01703 JF
–2–
US_ACTIVE-106629481.1
STIPULATION AND PROPOSED ORDER TO CONTINUE STATUS CONFERENCE

------------------- ORDER
[PROPOSED]

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Upon reading the above Stipulation, and good cause appearing, IT IS HEREBY ORDERED

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that the Case Management Conference, currently set for 10:00 a.m. on July 8, 2011, is continued to

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September 9
10:30
______________________, 2011 at __________a.m.

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The Parties shall file their ADR Certification and Stipulation for ADR Process pursuant to
August 26
local Rule 16-8 on or before ___________________, 2011.

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The Parties shall file their Joint Scheduling Conference Report Pursuant to Rule 26 and Joint

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September 2
Case Management Statement pursuant to Local Rule 16-9 on or before __________________, 2011.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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7/7/2011
DATED: ______________________

_____________________________________
THE HONORABLE JEREMY FOGEL
UNITED STATES DISTRICT JUDGE

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Case No. CV – 11 – 01703 JF
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US_ACTIVE-106629481.1
STIPULATION AND PROPOSED ORDER TO CONTINUE STATUS CONFERENCE