STIPULATION AND [PROPOSED] ORDER RESCHEDULING PRETRIAL MATTERS Ctrm: 11

JEFFREY S. WHITE, District Judge.

DEMAND FOR JURY TRIAL

WHEREAS, on May 20, 2011, Plaintiff filed in this Court its Second Amended Complaint in the above-captioned action;

WHEREAS, on January 30, 2012, this Court issued an Order Scheduling Trial and Pretrial Matters ("Scheduling Order");

WHEREAS, counsel for both Plaintiff and Deutsche Bank Securities Inc. ("DBSI") have been fully engaged in taking or defending multiple depositions throughout the United States in another case pending in the Northern District of California and involving DBSI (as well as two other defendants), The Anschutz Corporation v. Merrill Lynch & Co., et al., No. CV-09-3780-SI ("Anschutz"), and where non-expert discovery is scheduled to close on July 9, 2012, only 4 days before the current close of non-expert discovery in this matter;

WHEREAS, the non-expert discovery dates in Anschutz and this matter close only 4 days apart despite the fact that trial in Anschutz is scheduled to commence on January 28, 2013, whereas trial in this matter is scheduled to commence on June 3, 2013, more than four (4) months later than Anschutz;

WHEREAS, despite Plaintiff's and DBSI's diligent efforts, the parties will not be able to find mutually agreeable deposition dates for all necessary deponents before the close of non-expert discovery set by the Scheduling Order;

WHEREAS, none of the proposed dates below will change the current trial date ordered by the Court; and

WHEREAS, Plaintiff has conferred with DBSI and both parties have agreed to reschedule pretrial matters.

IT IS THEREFORE STIPULATED AND AGREED, by and between Plaintiff and DBSI, acting through their respective counsel, subject to this Court's approval pursuant to Paragraph D of the Scheduling Order, that the schedule set by the Scheduling Order is amended as follows:

PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.