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THE CHARLES SCHWAB v. BNP PARIBAS SECURITIES CORP. et al. [Declaration of James C. Rutten

December 1, 2010

THE CHARLES SCHWAB
CORPORATION, PLAINTIFF,
18 19
v.
BNP PARIBAS SECURITIES CORP. ET AL. [DECLARATION OF JAMES C. RUTTEN FILED 21 20 CONCURRENTLY HEREWITH] DEFENDANTS.



The opinion of the court was delivered by: The Honorable Susan Illston 26 United States District Court Judge 27 28

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STIPULATION AND [PROPOSED]

ORDER RESCHEDULING HEARING ON MOTIONS TO REMAND AND TO SEVER, AND SETTING BRIEFING SCHEDULE

WHEREAS on August 2, 2010, Plaintiff filed its Amended Complaint in the Superior

Court of the State of California for the County of San Francisco; 3 4 5 court, which is scheduled to be heard on January 21, 2011; 6

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WHEREAS on September 8, 2010, the action was removed to this Court;

WHEREAS on October 1, 2010, Plaintiff filed a Motion to Remand this case to state

WHEREAS on October 7, 2010, Defendants Wells Fargo Bank, N.A. and Wells Fargo

Asset Securities Corporation (collectively, the "Wells Fargo Defendants") filed a Motion to Sever 8 the claims asserted against them from the claims asserted against the other Defendants, which 9 motion is also scheduled to be heard on January 21, 2011; 10

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Year's Eve); and (2) Plaintiff's reply in support of the Motion to Remand, and the Wells Fargo 14 New Year's holiday); 16 17 motions; 18 19 administration of the case, it makes sense to have the pending motions resolved before a case 20 management conference takes place; 21

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THE COURT: 25

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WHEREAS a case management conference is also scheduled for January 21, 2011;

WHEREAS by operation of the Local Rules (1) Defendants' opposition to the Motion to

Remand, and Plaintiff's opposition to the Motion to Sever, are due by December 31, 2010 (New 13

Defendants' reply in support of the Motion to Sever, are due by January 7, 2011 (shortly after the 15

WHEREAS the parties have mutually agreed to adjust the briefing schedule for both

WHEREAS the parties believe that in the interests of judicial efficiency and the orderly

WHEREAS the Court has not entered a scheduling order;

NOW THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES

HERETO AND THEIR COUNSEL OF RECORD THAT, SUBJECT TO THE APPROVAL OF 24

(1) The hearing on Plaintiff's Motion to Remand and the Wells Fargo Defendants'

Motion to Sever shall be continued from January 21, 2011 to February 25, 2011 at 9:00 a.m. (a date and time previously cleared with Chambers);

(2) Defendants shall file any papers in opposition to the Motion to Remand, and

Plaintiff shall file any papers in opposition to the Motion to Sever, by January 14, 3 2011;

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(3) Plaintiff shall file any reply papers in support of the Motion to Remand, and

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Defendants shall file any reply papers in support of the Motion to Sever, by 6 February 11, 2011; and

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(4) The case management conference currently scheduled for January 21, 2011 shall 8 be continued to March 25, 2011 at 2:00 p.m. (a date and time previously cleared 9 with Chambers), and all associated dates (e.g., ADR deadlines, case management 10 conference statement deadlines) are continued accordingly.

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Respectfully submitted, 13 DATED: November 16, 2010 MUNGER, TOLLES & OLSON LLP 14 15

By: /s/ James C. Rutten 16

James C. Rutten

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Attorneys for Defendants WELLS FARGO BANK, N.A. and WELLS FARGO ASSET SECURITIES 18 CORPORATION

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DATED: November 16, 2010 WILLIAMS & CONNOLLY LLP 21

SWANSON & MCNAMARA LLP

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By: /s/ R. Hackney ...


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