Anwar et al v. Fairfield Greenwich Limited et al

Filing 944

STIPULATION AND ORDER REGARDING STANDARD CHARTERED DEFENDANTS' TIME TO RESPOND TO COMPLAINT AND EXPERT REPORTS IN ABOVE-CAPTIONED CASE: Standard Chartered's deadlines to answer Barbachano's onginal complaint and to serve rebuttal expert reports are adjourned pending the Court's decision on Barbachano's request for leave to amend. (Signed by Magistrate Judge Frank Maas on 10/12/2012) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM (pl)

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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USDCSDNY
DOCUMENT
ELECfRONICALLY FILED
DOC#:

PASHAS. ANWAR,etaZ.,
Plaintiffs,

DATEfl~L~ED~;~IO-/~'-~~/-i~---

v.
FAIRFIELD GREENWICH LIMITED,
et aI.,

Master File No. 09-CV -118 (VM) (PM)

Defendants.
This Document Relates To:
Barbachano v. Standard Chartered
Bank International (Americas) LId., et
al., No. ll-CV-3553

ORIGINAL

STIPULATION AND (Pl\OI!QBD] ORDER REGARDING
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STANDARD CHARTERED DEFENDANTS' TIME TO RESPOND TO
COMPLAINT AND EXPERT REPORTS IN ABOVE·CAPrIONED CASE
WHEREAS, plaintiff Joaquina Teresa Barbachano Herrero ("Barbachano") in
the above-captioned action filed a complaint on December 9, 2010 asserting various claims
against defendants Standard Chartered Bank International (Americas) Ltd. and Standard

Chartered PLC ("Standard Chartered");
WHEREAS, on July 31,2012, pursuant to the Stipulation and Order Amending
Second Amended Scheduling Order Regarding Standard Chartered Cases [Dkt. 891],
Barbachano served two expert reports in support of her claims;
WHEREAS, on September 12,2012, the Court dismissed certain of
Barbachano's claims;
WHEREAS, on October 3,2012, Barbachano filed a request for leave to amend
her complaint;

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10-11-2012

WHEREAS, Standard Chartered anticipates flUng an opposition to Barbachano's
request for leave to amend her complaint;

WHEREAS, Standard Chartered's answer to Barbachano's original complaint is
presently due on October 12,2012;

WHEREAS, Standard Chartered's rebuttal expert reports are presently due on
October 31, 2012;

WHEREAS, in an effort to conserve resources, the parties have agreed that it
would be preferable to defer any obligation that Standard Chartered may have to answer the
original complaint and to submit rebuttal expert reports prior to the Court ruling on Barbachano's
request for leave to

amend~

WHEREAS, extending the time for Standard Chartered to answer, move against
or otherwise respond to Barbachano'g complaint and to file rebuttaJ expert reports should not
impact the unifonn schedule guiding the Standard Chartered Cases;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by
and between the undersigned counsel for parties in the above-captioned action, subject to the
approval of the Court. that:

1.

Standard Chartered's deadlines to answer Barbachano's onginaJ complaint and to

serve rebuttal expert reports are adjourned pending the Court's decision on Barbachano's request
for leave to amend.
2.

In the event that Barbachano's request for leave to amend is granted, Standard

Chartered shall answer, move against or otherwise respond to the Amended Complaint on or
before 21 days of entry of the order granting leave to amend. If Standard Chartered answers the

Amended Complaint, then Standard Chartered shall serve its rebuttal expert reports on or before
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45 days ofthe entry of the order granting leave to amend. If Standard Chartered moves against
the Amended Complaint, then the parties shall confer and submit to the Court on or before 5
days of the Court's fmal order on Standard Chartered's motion to dismiss a proposed schedule(s)
for expert reports.
3.

Likewise, in the event that Barha.chano's request for leave to amend is denied,

Standard Chartered's answer to Barbachano's complaint shall be due no later than 14 days after
enlly of the order denying Barbachano's request, and Standard Chartered's rebuttal expert
reports shall be due no later than 4S days after the entry ofthe order denying Barbacha.no·s
request.

DATE; October

LL 2012
KATZ BARRON SQUITERO FAUST
By
H. Eugene Lindsey III
Attorneyfor Plainti oaquina Teresa
Barbachano Herrero

DATE; October!J., 2012

SULLIVAN & CROMWELL LLP

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By
.

Sharon 1. Nelles
Attorneyfor Defendants Standard
Chartered Bank International (Americas)
Ltd and Standard Chartered PLC

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HON. FRANK MAAS

UNITED STATES MAGISTRATE JUDGE

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