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Vaughn v. Bay Environmental Management Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 26, 2009

JERRY VAUGHN AND THERESA TRAVERS, PLAINTIFFS,
v.
BAY ENVIRONMENTAL MANAGEMENT INC., CAESAR NUTI, DENNIS VARNI, FSC SECURITIES CORPORATION, AND JERROLD N. WEINBERG DEFENDANTS.
FSC SECURITIES CORPORATION AND JERROLD N. WEINBERG, CROSS-CLAIMANTS,
v.
BAY ENVIRONMENTAL MANAGEMENT INC., ESTATE OF PINA J. BARBIERI, CAESAR NUTI, DENNIS VARNI, CROSS-DEFENDANTS.

The opinion of the court was delivered by: Hon. Samuel Conti United States District Judge

REVISED STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

This Stipulation is made by and between Plaintiffs Jerry Vaughn and Theresa Travers ("Plaintiffs"), Defendants and Cross-Defendants Bay Environmental Management Inc., Caesar Nuti, and Dennis Varni and Cross-Defendant Estate of Pina J. Barbieri*fn1 ("Bay Environmental Defendants"), and Defendants FSC Securities Corporation and Jerrold N. Weinberg ("FSC Defendants") (collectively, the "Parties"), by and through their respective counsel of record, with respect to the following facts:

WHEREAS, on June 11, 2009, the Ninth Circuit Court of Appeals vacated the Court's order granting FSC Defendants' motion to dismiss, and remanded this action for further proceedings;

WHEREAS, on July 10, 2009, the Court ordered that the status conference be continued to September 11, 2009, to be resumed simultaneously with Plaintiffs' motion to certify the class;

WHEREAS, on August 7, 2009, Plaintiffs filed a motion to for class certification;

WHEREAS, the deadline for Defendants' responsive briefs is August 21, 2009;

WHEREAS, the deadline for Defendants' responses to Plaintiffs' outstanding written discovery requests is August 21, 2009;

WHEREAS, Defendants must conduct further investigation to determine whether they will oppose the class certification motion, in whole or in part;

WHEREAS, the Parties to this case are actively engaging in discussions regarding the proper definition of the class;

WHEREAS, Defendants believe that their responses to Plaintiffs' written discovery requests will allow for a more productive discussion; and

WHEREAS, the Parties have agreed, and respectfully submit, that the status conference and hearing on Plaintiffs' motion for class certification should be continued for one week in order to allow productive discussions regarding class certification;

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE THAT:

The status conference and hearing on Plaintiffs' motion for class certification shall be continued for one (1) week, from September 11, 2009 to September 18, 2009. The deadline for responding to Plaintiffs' motion for class certification will be August 28, 2009.

IT IS SO STIPULATED.

DATED: August 25, 2009

I, D. Ward Kallstrom, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER. In compliance with General Order 45, X.B., I hereby attest that each of the signatories identified below has concurred in this filing.

DATED: August 25, 2009

ORDER

PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT:

The continued status conference and hearing (if necessary) on Plaintiffs' motion for class certification will be conducted on September 18, 2009. The deadline for responding to Plaintiffs' motion for class certification will be August 28, 2009.

SO ORDERED.


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