UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
May 14, 2009
IN RE SCHWAB CORP. SECURITIES LITIGATION
The opinion of the court was delivered by: The Honorable William Alsup United States District Judge
THIS DOCUMENT RELATES TO: All Actions
STIPULATION AND [PROPOSED] ORDER RE: REMOVAL OF PLAINTIFFS GRETCHEN MIKELONIS AND KARL KYZER
Date Action Filed: March 18, 2008
WHEREAS, on July 3, 2008, the Court appointed seven lead plaintiffs, including Gretchen Mikelonis and her husband David Mikelonis (Docket No. 73); complaint filed on October 2, 2008 (Docket No. 104 ¶ 21) and the proposed second consolidated amended complaint filed on February 26, 2009 (Docket No. 170-2 ¶ 21);
WHEREAS, Karl Kyzer was named as a plaintiff in the first consolidated amended complaint filed on October 2, 2008 (Docket No. 104 ¶ 23) and the proposed second consolidated amended complaint filed on February 26, 2009 (Docket No. 170-2 ¶ 21); take place on May 14, 2009 and May 15, 2009, respectively;
WHEREAS, Gretchen Mikelonis was named as a plaintiff in the first consolidated amended
WHEREAS, defendants noticed the depositions of Gretchen Mikelonis and Karl Kyzer to
WHEREAS, plaintiffs filed their motion for class certification and did not name Gretchen Mikelonis or Karl Kyzer as proposed class representatives; named plaintiff and both Gretchen Mikelonis and Karl Kyzer as named plaintiffs;
WHEREAS, the plaintiffs now wish to withdraw Gretchen Mikelonis as a lead plaintiff and
IT IS HEREBY STIPULATED AND AGREED among the undersigned parties, subject to Court approval, as follows:
amended complaint and the proposed second consolidated amended complaint;
Gretchen Mikelonis is withdrawn as a lead plaintiff in the above-captioned action;
Gretchen Mikelonis and Karl Kyzer are stricken as plaintiffs from the first consolidated
Gretchen Mikelonis and Karl Kyzer shall be treated as absent class members; and
The depositions of Gretchen Mikelonis and Karl Kyzer, currently set for May 14 and 15, 2009, are taken off calendar.
IT IS SO STIPULATED.
Dated: May 11, 2009
Tammy Albarran Attorneys for defendant Kimon P. Daifotis
PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS SO ORDERED
ATTESTATION OF E-FILED SIGNATURES
I, Steve W. Berman, am the ECF User whose Id and password are being used to file this Stipulation and [Proposed] Order Re: Removal of Plaintiffs G. Mikelonis and K. Kyzer. In compliance with General Order 45, X.B., I hereby attest that Dorothy L. Fernandez, counsel for Management, Inc., Schwab Investments, Charles R. Schwab, Evelyn Dilsaver, Randall W. Merk, Robert G. Holmes, Gerald B. Smith, Donald R. Stephens, and Michael W. Wilsey, and Tammy Dated: May 11, 2009
The Charles Schwab Corporation, Charles Schwab & Co., Inc., Charles Schwab Investment George Pereira, Matthew Hastings, Mariann Byerwalter, Donald F. Dorward, William A. Hasler, Albarran, counsel for Kimon Daifotis, have concurred in this filing.
STEVE W. BERMAN
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