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CHO v. UCBH HOLDINGS, INC., CV-09-4208-JSW (2011)

Court: District Court, N.D. California Number: infdco20110725897 Visitors: 23
Filed: Jul. 25, 2011
Latest Update: Jul. 25, 2011
Summary: CLASS ACTION STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE SECOND AMENDED CONSOLIDATED COMPLAINT BY FOUR DAYS JEFFREY S. WHITE, District Judge. WHEREAS, on June 16, 2011 the Court established the following: (a) deadline for the filing of the Second Amended Consolidated Complaint (the "Amended Complaint"); and (b) briefing schedule on defendants' prospective motions to dismiss: • Amended Complaint shall be filed on or before July 25, 2011; • Defendants' responses to the Amend
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CLASS ACTION

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO FILE SECOND AMENDED CONSOLIDATED COMPLAINT BY FOUR DAYS

JEFFREY S. WHITE, District Judge.

WHEREAS, on June 16, 2011 the Court established the following: (a) deadline for the filing of the Second Amended Consolidated Complaint (the "Amended Complaint"); and (b) briefing schedule on defendants' prospective motions to dismiss:

• Amended Complaint shall be filed on or before July 25, 2011; • Defendants' responses to the Amended Complaint shall be filed on or before September 13, 2011; • If Defendants file motions challenging the Amended Complaint, Plaintiffs' opposition briefs will be due on or before October 28, 2011, • Defendants' reply briefs will be due on or before November 22, 2011; and • The hearing on the motion to dismiss will be held on December 16, 2011 at 9:00 a.m.

WHEREAS, Plaintiffs' counsel require an additional four days to July 29, 2011 to file the Amended Complaint in light of the complex legal and factual issues involved in this litigation;

WHEREAS, the parties believe that if the time to file the Amended Complaint is extended to July 29, 2011, then defendants time to respond to the Amended Complaint should be extended from September 13, 2011 to September 19, 2011;

WHEREAS, the parties believe that this additional time does not unduly prejudice the parties;

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;

WHEREAS, the parties believe the requested extension does not create undue delay, as all other deadlines will remain the same;

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 the Amended Complaint and for Defendants to respond shall be as follows:

• Plaintiffs' Second Amended Consolidated Complaint shall be filed on or before July 29, 2011; • Defendants' responses to the Second Amended Consolidated Complaint shall be filed on or before September 19, 2011; • If Defendants file motions challenging the amended complaint, Plaintiffs' opposition briefs will be due on or before October 28, 2011, • Defendants' reply briefs will be due on or before November 22, 2011; and • The hearing on the motion to dismiss will be held on December 16, 2011 at 9:00 a.m.

IT IS SO STIPULATED.

* Signed with permission of all defense counsel

IT IS SO ORDERED.

Source:  Leagle

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