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Northstar Financial Advisors Inc. v. Schwab Investments

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


March 6, 2009

NORTHSTAR FINANCIAL ADVISORS INC. ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
SCHWAB INVESTMENTS AND CHARLES SCHWAB INVESTMENT MANAGEMENT, INC., DEFENDANTS.

The opinion of the court was delivered by: Honorable Susan Illston United States District Judge

CLASS ACTION STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO AMENDED COMPLAINT

WHEREAS, plaintiff commenced this Action by filing a complaint on August 23, 2008 (the "Complaint");

WHEREAS, on February 19, 2009 the Court issued an order granting in part and denying in part defendants' motion to dismiss plaintiff's Complaint and ordered plaintiff to file an amended complaint no later than March 2, 2009;

WHEREAS, plaintiff filed its amended complaint on March 2, 2009;

WHEREAS, defendants must respond to the amended complaint on or before March 16, 2009, pursuant to Federal Rules of Civil Procedure 15(a)(3) and 6(a)(2);

WHEREAS, defendants have agreed to notice any motion to dismiss in this case to be heard on May 1, 2009, the same day that the initial case management conference is set in this case;

WHEREAS, granting defendants an extension of time to respond will have no effect on other proceedings in the case and will not change any Court-ordered deadlines

IT IS HEREBY STIPULATED AND AGREED among the undersigned parties that defendants shall file a motion to dismiss by March 26, 2009; plaintiff shall file an opposition on April 10, 2009; defendants shall file a reply on April 17, 2009; and, subject to the Court's availability, the Court shall hear defendants' motion to dismiss on May 1, 2009.

IT IS SO STIPULATED.

IT IS SO ORDERED.

ATTESTATION OF E-FILED SIGNATURES

I, Dorothy L. Fernandez, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Extending Time For Defendants To Respond to Amended Complaint. In compliance with General Order 45, X.B., I hereby attest that Robert C. Finkel has concurred in this filing.

20090306

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