Filed: Aug. 06, 2012
Latest Update: Aug. 06, 2012
Summary: STIPULATION AND [PROPOSED ] ORDER EXTENDING BRIEFING SCHEDULES ON MOTIONS FOR REMAND AND MOTIONS FOR STAY CONTINUING HEARING MAXINE M. CHESNEY, District Judge. WHEREAS the Hubuschman Action 1 was originally filed in the Superior Court of California, San Mateo County ("State Court") on May 30, 2012; and the Cole Action 2 was originally filed in the State Court on May 31, 2012 (collectively, "Derivative Actions"); WHEREAS on June 28, 2012, Defendants 3 removed the Derivative Action
Summary: STIPULATION AND [PROPOSED ] ORDER EXTENDING BRIEFING SCHEDULES ON MOTIONS FOR REMAND AND MOTIONS FOR STAY CONTINUING HEARING MAXINE M. CHESNEY, District Judge. WHEREAS the Hubuschman Action 1 was originally filed in the Superior Court of California, San Mateo County ("State Court") on May 30, 2012; and the Cole Action 2 was originally filed in the State Court on May 31, 2012 (collectively, "Derivative Actions"); WHEREAS on June 28, 2012, Defendants 3 removed the Derivative Actions..
More
STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULES ON MOTIONS FOR REMAND AND MOTIONS FOR STAY CONTINUING HEARING
MAXINE M. CHESNEY, District Judge.
WHEREAS the Hubuschman Action1 was originally filed in the Superior Court of California, San Mateo County ("State Court") on May 30, 2012; and the Cole Action2 was originally filed in the State Court on May 31, 2012 (collectively, "Derivative Actions");
WHEREAS on June 28, 2012, Defendants3 removed the Derivative Actions to this Court;
WHEREAS on July 13, 2012, Defendants filed Motions for Stay of Proceedings Pending Decision on Transfer by the Judicial Panel on Multidistrict Litigation in the Derivative Actions ("Stay Motions");
WHEREAS plaintiffs in the Derivative Actions ("Plaintiffs") informed Defendants of their intent to file motions to remand the Derivative Actions to State Court ("Remand Motions");
WHEREAS on July 26, 2012, the parties to the Derivative Actions filed a Stipulation Regarding Hearing Dates ("Stipulation"), agreeing to submit briefing schedules for the Stay Motions and the Remand Motions to the Court and agreeing that Plaintiffs' obligation to file oppositions to the Stay Motions was held in abeyance until the parties submit the agreed briefing schedule;
WHEREAS on July 27, 2012, the Court entered an Order consistent with the Stipulation;
WHEREAS on August 1, 2012, Plaintiffs filed the Remand Motions, and noticed the Remand Motions for a September 7, 2012 hearing date (Hubuschman Action, ECF No. 27; Cole Action, ECF No. 25);
WHEREAS also on August 1, 2012, Defendants re-noticed the Stay Motions for a September 7, 2012 hearing date (Hubuschman Action, ECF No. 25; Cole Action, ECF No. 24);
WHEREAS the parties to the Derivative Actions have agreed to the following revised briefing schedule on the Stay Motions:
(a) Plaintiffs will file their oppositions to the Stay Motions on August 21, 2012; and
(b) Defendants will file their reply briefs in support of the Stay Motions on August 31, 2012.
WHEREAS the parties to the Derivative Actions have agreed to the following briefing schedule on the Remand Motions:
(a) Defendants will file their oppositions to the Remand Motions on August 21, 2012; and
(b) Plaintiffs will file their reply briefs in support of the Remand Motions on August 31, 2012.
NOW, THEREFORE, pursuant to Local Rule 6-2(a), it is hereby stipulated and agreed by and between the undersigned counsel for Plaintiffs and counsel for Defendants as follows:
1. Plaintiffs will file their oppositions to the Stay Motions on August 21, 2012; and Defendants will file their reply briefs in support of the Stay Motions on August 31, 2012.
2. Defendants will file their oppositions to the Remand Motions on August 21, 2012; and Plaintiffs will file their reply briefs in support of the Remand Motions on August 31, 2012.
Respectfully submitted,
I, Shane P. Sanders, am the ECF user whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULES ON MOTIONS FOR REMAND AND MOTIONS FOR STAY. In compliance with General Order 45, X.B., I hereby attest that James F. Basile has concurred in this filing.
* * * ORDER * * *
PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS FURTHER ORDERED that the hearing on the motions is CONTINUED to September 14, 2012.
