Filed: Jun. 16, 2011
Latest Update: Jun. 16, 2011
Summary: STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE SECOND AMENDED CONSOLIDATED COMPLAINT; ESTABLISHING BRIEFING SCHEDULE; AND ADJUSTING RELATED DEADLINES JEFFREY S. WHITE, District Judge. WHEREAS, on May 17, 2011 the Court issued an Order (the "Order"): (1) dismissing the Consolidated Amended Complaint; (2) granting Plaintiffs leave to file an amended complaint on or before June 24, 2011; and (3) setting a case management conference for August 26, 2011, at 1:30 p.m. and requiring th
Summary: STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE SECOND AMENDED CONSOLIDATED COMPLAINT; ESTABLISHING BRIEFING SCHEDULE; AND ADJUSTING RELATED DEADLINES JEFFREY S. WHITE, District Judge. WHEREAS, on May 17, 2011 the Court issued an Order (the "Order"): (1) dismissing the Consolidated Amended Complaint; (2) granting Plaintiffs leave to file an amended complaint on or before June 24, 2011; and (3) setting a case management conference for August 26, 2011, at 1:30 p.m. and requiring the..
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE SECOND AMENDED CONSOLIDATED COMPLAINT; ESTABLISHING BRIEFING SCHEDULE; AND ADJUSTING RELATED DEADLINES
JEFFREY S. WHITE, District Judge.
WHEREAS, on May 17, 2011 the Court issued an Order (the "Order"): (1) dismissing the Consolidated Amended Complaint; (2) granting Plaintiffs leave to file an amended complaint on or before June 24, 2011; and (3) setting a case management conference for August 26, 2011, at 1:30 p.m. and requiring the parties to submit a joint case management conference statement by August 19, 2011;
WHEREAS, Plaintiffs' counsel require additional time to prepare an amended complaint in light of the Order which raised a number of complex legal and factual issues;
WHEREAS, Plaintiffs' counsel, Phillip Kim, the attorney primarily responsible for the consolidated amended complaint and the prospective second amended consolidated complaint, has a previously scheduled honeymoon with his wife and will be out of the country in early July, 2011;
WHEREAS, the parties believe that an additional thirty days for Plaintiffs to file the second amended consolidated complaint does not unduly prejudice the parties;
WHEREAS, the parties believe that the establishment of a briefing schedule will promote the orderly and efficient progress of this action;
WHEREAS, previously the Court granted Defendants an extension of time to respond to the original complaints pending the filing of a consolidated complaint, granted Plaintiffs an extension of time to file their consolidated complaint; and ordered a briefing schedule for defendants' motions to dismiss the Consolidated Amended Complaint;
WHEREAS, Plaintiffs' counsel has conferred with counsel for E. Lynn Schoenmann, Chapter 7 Trustee of UCBH Holdings, Inc., and the Trustee does not object to this Stipulation;
IT IS HEREBY STIPULATED AND AGREED among the undersigned parties through their counsel of record, and subject to Court approval, that:
The schedule for Plaintiffs to file an amended complaint and for Defendants to respond shall be as follows:
• Plaintiffs' Second Amended Consolidated Complaint shall be filed on or before July 25, 2011;
• Defendants' responses to the Second Amended Consolidated Complaint shall be filed on or before September 13, 2011;
• If Defendants file motions challenging the complaint, Plaintiffs' opposition briefs will be due on or before October 28, 2011, and Defendants' reply briefs will be due on or before November 22, 2011.
• The case management conference set for August 26, 2011, is vacated and a new date will be set following the Court's decision on Defendants' motions to dismiss.
IT IS SO STIPULATED.
The hearing on the motion to dismiss will be held on December 16, 2011 at 9:00 a.m.
IT IS SO ORDERED.
