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Harvey v. Morgan Stanley Smith Barney LLC, 3:18-cv-02835-WHO. (2019)

Court: District Court, N.D. California Number: infdco20191125935 Visitors: 14
Filed: Nov. 22, 2019
Latest Update: Nov. 22, 2019
Summary: JOINT STIPULATION AND ORDER RE BRIEFING SCHEDULE WILLIAM H. ORRICK , District Judge . Plaintiff Brandon Harvey and Defendant Morgan Stanley Smith Barney LLC (together, the " Harvey Parties") and Plaintiffs in the case of Chen et al. v. Morgan Stanley Smith Barney LLC, currently pending in the Orange County Superior Court of California (the " Chen Plaintiffs"), hereby submit the following Joint Stipulation and Proposed Order requesting that the Court set the below briefing schedule for P
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JOINT STIPULATION AND ORDER RE BRIEFING SCHEDULE

Plaintiff Brandon Harvey and Defendant Morgan Stanley Smith Barney LLC (together, the "Harvey Parties") and Plaintiffs in the case of Chen et al. v. Morgan Stanley Smith Barney LLC, currently pending in the Orange County Superior Court of California (the "Chen Plaintiffs"), hereby submit the following Joint Stipulation and Proposed Order requesting that the Court set the below briefing schedule for Plaintiff Harvey's Motion for Attorney Fees and Costs and Class Representative Enhancement Award (Dkt. 84) and the Chen Plaintiffs' Motion to Intervene (Dkt. 85) and Motion for Award of Attorneys' Fees, Costs, and Service Awards. (Dkt. 86.)

1. On November 14, 2019, Harvey filed his Motion for Attorney Fees and Costs and Class Representative Enhancement Award (Dkt. 84) with a hearing date of February 5, 2020 per the Court's September 6, 2019 order granting preliminary approval of the class action settlement. (Dkt. 76.)

2. Also on November 14, 2019, the Chen plaintiffs filed two motions also with hearing dates on February 5, 2010: a Motion to Intervene (Dkt. 85) and a Motion for Award of Attorneys' Fees, Costs, and Service Awards. (Dkt. 86.)

3. Pursuant to Civ. L. R. 7-3, oppositions are due two weeks from filing of any motion and replies are due one week after the filing of the opposition. Under the current schedule, oppositions are due the day after Thanksgiving, November 29, 2019, with replies due December 6, 2019.

4. The Harvey Parties and the Chen Plaintiffs have since agreed to a mutually agreeable alternate briefing schedule for the briefs related to the motions for attorney fees and motion to intervene. Specifically, the parties request that the Court set the following briefing schedule for the motions for attorneys' fees (Dkt. Nos. 84 and 86) and motion to intervene (Dkt. 85): (1) any opposition to the motions for attorneys' fees and motion to intervene shall be filed on or before Wednesday, December 18, 2019; and (2) any reply brief(s) shall be filed on or before Thursday, January 16, 2020.

5. All parties agree that this alternate briefing schedule will provide sufficient time for the parties to draft their briefs and prepare for the anticipated February 5, 2020 hearing date.

Accordingly, the parties hereby STIPULATE AND AGREE as follows:

1. Any opposition to the motions for attorneys' fees and motion to intervene shall be filed on or before Wednesday, December 18, 2019.

2. Any reply brief(s) shall be filed on or before Thursday, January 16, 2020.

IT IS SO STIPULATED.

Dated: November 18, 2019 ANDREW R. LIVINGSTON Orrick, Herrington & Sutcliffe LLP By: /s/Andrew R. Livingston ANDREW R. LIVINGSTON Attorneys for Defendant Dated: November 18, 2019 EDWARD J. WYNNE Wynne Law Firm By: /s/Edward J. Wynne EDWARD J. WYNNE Attorneys for Plaintiff Dated: November 18, 2019 JAHAN SAGAFI Outten & Golden LLP By: /s/Jahan Sagafi JAHAN SAGAFI Attorneys for Chen Plaintiffs

Attestation re Electronic Signatures

I, Edward J. Wynne, attest pursuant to Northern District Local Rule 5-1(i)(3) that all other signatories to this document, on whose behalf this filing is submitted, concur in the filing's content and have authorized this filing. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Dated: November 18, 2019 By: /s/Edward J. Wynne Edward J. Wynne

ORDER

Based on the Joint Stipulation Regarding the Briefing Schedule for Plaintiff Harvey's Motion for Attorney Fees and Costs and Class Representative Enhancement Award and the Chen Plaintiffs' Motion to Intervene and Motion for Award of Attorneys' Fees, Costs, and Service Awards, and good cause appearing, IT IS HEREBY ORDERED that the Joint Stipulation is approved.

1. Any opposition to the motions for attorneys' fees and motion to intervene shall be filed on or before Wednesday, December 18, 2019.

2. Any reply brief(s) shall be filed on or before Thursday, January 16, 2020.

IT IS SO ORDERED.

Source:  Leagle

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