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Sun Life Assurance Company of Canada v. Moldaw

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


December 8, 2009

SUN LIFE ASSURANCE COMPANY OF CANADA, PLAINTIFF,
v.
SUSAN MOLDAW, EXECUTOR OF THE ESTATE OF STUART MOLDAW, NORMAN FERBER, AS TRUSTEE OF THE 2004 STUART MOLDAW TRUST, STUART G. MOLDAW HOLDINGS III, LLC, PHILIP HILL, XE CAPITAL MANAGEMENT, LLC, XE CAPITAL ADVISERS, LLC, XE L.I.F.E., LLC, RANDALL K. KAU, AND ARCHE MASTER FUND, L.P., DEFENDANTS.

The opinion of the court was delivered by: Hon. Saundra Brown Armstrong Judge United States District Court

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANT PHILIP HILL'S TIME TO RESPOND TO PLAINTIFF'S COMPLAINT

WHEREAS, on June 12, 2009, Plaintiff filed a Complaint in the above-captioned action and the case was reassigned to Judge Saundra Brown Armstrong;

WHEREAS, the Plaintiff and Defendant Phillip Hill ("Hill") previously agreed and stipulated that Hill would have until December 4, 2009 to file a motion or answer directed at the Complaint; Plaintiff would have until January 11, 2010 to file an opposition to such motion or answer; and Hill would have until January 22, 2010 to file a reply, if necessary; and

WHEREAS, the Plaintiff has since filed a notice of voluntary dismissal, dismissing several of the claims previously asserted against certain other defendants, and the Plaintiff is currently in discussions with Hill which may lead to the dismissal of Plaintiff's claims against Hill (or the filing an Amended Complaint). Therefore, the Parties agree to extend the deadlines above.

NOW THEREFORE, IT IS STIPULATED AND AGREED that:

1. Defendant Hill, if he intends to file either a motion or answer directed at the Complaint, shall file such motion or answer on or before December 21, 2009. Plaintiff shall file any opposition to such motion or answer on or before January 25, 2010, and Defendant Hill shall file his reply, if any, on or before February 5, 2010.

The parties having so stipulated, and good cause appearing therefore,

IT IS ORDERED THAT

Defendant Hill, if he intends to file either a motion or answer directed at the Complaint, shall file such motion or answer on or before December 21, 2009. Plaintiff shall file any opposition to such motion or answer on or before January 25, 2010, and Defendant Hill shall file his reply, if any, on or before February 5, 2010.

SO ORDERED this 8th day of December, 2009.

20091208

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