JOINT STIPULATION AND ORDER RE: ACCEPTANCE OF SERVICE AND EXTENSION OF PLEADING/BRIEFING SCHEDULE
TROY L. NUNLEY, District Judge.
The Federal Energy Regulatory Commission, on the one hand, and Barclays and the Individual Traders, on the other hand, (collectively the "Parties") by and through their respective counsel, hereby stipulate and agree as follows:
WHEREAS, FERC filed a "Petition For An Order Affirming The Federal Energy Regulatory Commission's July 16, 2013 Order Assessing Civil Penalties Against Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, And Ryan Smith" (the "Petition") in this action on October 9, 2013;
WHEREAS, there have been no previous time modifications in this action by stipulation or Court order extending Barclays' and the Individual Traders' time to respond to the Petition;
WHEREAS, the Parties have conferred to discuss service of process of the Petition and agreed upon a resolution that would avoid the costs associated with service of process in exchange for an agreed upon extended timeline for Barclays and the Individual Traders to move, answer, or otherwise respond to the Petition and for an extended timeline for any responses and replies thereto;
WHEREAS, Barclays and the Individual Traders agree to accept service of process through their attorneys and waive any defenses they may have as to the method, manner, or effectiveness of service of process;
WHEREAS, the Parties agree, however, that in doing so Barclays and the Individual Traders do not waive but specifically reserve any and all other defenses available to them including, but not limited to, any and all defenses related to jurisdiction and venue;
WHEREAS, in exchange for Barclays' and the Individual Traders' agreement to accept service of process through their attorneys, the Parties have agreed that Barclays' and the Individual Traders' time to move, answer, or otherwise respond to the Petition shall be extended until and including December 16, 2013;
WHEREAS, the Parties have agreed that FERC will have sixty (60) days from the date the final response to the Petition from Barclays or the Individual Traders is served to respond to or oppose any motion that is filed;
WHEREAS, the Parties have agreed that Barclays and the Individual Traders will have up to thirty-five (35) days from the service of FERC's opposition or response to file any reply briefs;
WHEREAS, nothing in this Stipulation shall preclude Barclays and the Individual Traders from raising any and all other defenses in answering, moving to dismiss, or otherwise responding to the Petition;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Parties, through their undersigned counsel of record, subject to the approval of the Court, as follows:
1. Barclays and the Individual Traders will be deemed to have accepted service of the Petition through their attorneys as of October 15, 2013 and waive any and all defenses they may have as to the method, manner, or effectiveness of service of process.
2. Barclays and the Individual Traders do not waive but specifically reserve any and all other defenses available to them including, but not limited to, any and all defenses related to jurisdiction and venue.
3. Barclays' and the Individual Traders' deadline to move, answer, or otherwise respond to the Petition will be extended until and including December 16, 2013.
4. FERC will have sixty (60) days from the date the last filed response to the Petition is served by Barclays or the Individual Traders to respond to or oppose any motion that is filed.
5. The deadline for any reply to a FERC response will be extended to thirty-five (35) days from the date of service of such response.
6. Nothing in this Stipulation shall preclude Barclays and the Individual Traders from raising any and all other defenses in answering, moving to dismiss, or otherwise responding to the Petition.
IT IS SO STIPULATED.
[PROPOSED] ORDER
Pursuant to the stipulation of the parties, and for good cause appearing, it is hereby ORDERED that:
1. Barclays and the Individual Traders will be deemed to have accepted service of the Petition For An Order Affirming The Federal Energy Regulatory Commission's July 16, 2013 Order Assessing Civil Penalties Against Barclays Bank PLC, Daniel Brin, Scott Connelly, Karen Levine, And Ryan Smith (the "Petition") through their attorneys as of October 15, 2013 and waive any and all defenses they may have as to the method, manner, or effectiveness of service of process.
2. Barclays and the Individual Traders do not waive but specifically reserve any and all other defenses available to them including, but not limited to, any and all defenses related to jurisdiction and venue.
3. Barclays' and the Individual Traders' deadline to move, answer, or otherwise respond to the Petition will be extended until and including December 16, 2013.
4. FERC will have sixty (60) days from the date the last filed response to the Petition is served by Barclays or the Individual Traders to respond to or oppose any motion that is filed.
5. The deadline for any reply to a FERC response will be extended to thirty-five (35) days from the date of service of such response.
6. Nothing in this Stipulation shall preclude Barclays and the Individual Traders from raising any and all other defenses in answering, moving to dismiss, or otherwise responding to the Petition.
IT IS SO ORDERED.
