David v. Alphin et al

Filing 145

ORDER granting 144 Second Motion to Stay Discovery on issues of Market Timing until 4/16/2010. Signed by Magistrate Judge Dennis Howell on 1/12/10. (gpb)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:07cv11 ELENA M. DAVID; ARLEEN J. STACH; and VICTOR M. HERNANDEZ, Plaintiffs Vs. J. STEELE ALPHIN; AMY WOODS BRINKLEY; EDWARD J. BROWN, III; CHARLES J. COOLEY; RICHARD M. DeMARTINI; BARBARA J. DESOER; JAMES H. HANCE; LIAM E. McGEE; EUGENE M. McQUADE; ALVARO G. de MOLINA; MICHAEL E. O'NEILL; OWEN G. SHELL, JR.; R. EUGENE TAYLOR; F. WILLIAM VANDIVER, JR.; BRADFORD H. WARNER; CHARLES W. COKER; STEVEN JONES; KENNETH D. LEWIS; BANK OF AMERICA CORPORATION; BANK OF AMERICA CORPORATION CORPORATE BENEFITS COMMITTEE, Defendants. ________________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

ORDER

THIS MATTER is before the court on defendants' second Motion to Continue Stay of Discovery as to Issues of Market Timing. It appears that the pending, signed settlements in the MDL action, including a settlement related to Bank of America,

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have not yet been approved by the MDL court. In moving for such further relief, defendants note that they have consulted with plaintiffs, who continue to oppose the relief based on the reasons stated in their prior submission. The court notes those objections and will allow a further extension of the stay based on the reasons previously discussed. Having considered defendants' motion and reviewed the pleadings, the court enters the following Order.

ORDER IT IS, THEREFORE, ORDERED that defendants' second Motion to Continue Stay of Discovery as to Issues of Market Timing (#144) is GRANTED, and the STAY of discovery on issues of market timing is EXTENDED up to and inclusive of April 16, 2009.

Signed: January 12, 2010

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