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

UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA -- SAN FRANCISCO DIVISION


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

15 16

22 23 24 25 26 27 28

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

7

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

11

12

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

22

23

THE COURT: 25

26

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;

4

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

5

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

7

(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.

11 12

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

By: /s/ James C. Rutten 16

James C. Rutten

17

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

19

20

DATED: November 16, 2010 WILLIAMS & CONNOLLY LLP 21

SWANSON & MCNAMARA LLP

22

23

By: /s/ R. Hackney Wiegmann

R. Hackney Wiegmann

24

Attorneys for Defendants UBS SECURITIES LLC,

25

HSBC SECURITIES (USA), INC., and MORTGAGE ASSET SECURITIZATION

26

TRANSACTIONS, INC.

27 28

DATED: November 16, 2010 CLEARLY GOTTLIEB STEEN & HAMILTON LLP

2

3

By: /s/ Meredith Kotler

4

Meredith Kotler

5

Attorneys for Defendants BANC OF AMERICA SECURITIES LLC, BANC OF AMERICA

6

FUNDING CORPORATION, and BANC OF AMERICA MORTGAGE SECURITIES, INC.

7

8

DATED: November 16, 2010 LATHAM & WATKINS LLP 9 10

By: /s/ Timothy Crudo

11

Timothy Crudo

12

Attorneys for Defendant SEQUOIA

RESIDENTIAL FUNDING, INC.

13 14

DATED: November 16, 2010 GIBSON, DUNN & CRUTCHER LLP 15 16

By: /s/ Alexander Mircheff

Alexander Mircheff

17

Attorneys for Defendants BNP PARIBAS

18

SECURITIES CORPORATION, RBS SECURITIES, INC., and DEUTSCHE BANK

19

SECURITIES, INC.

20 21

DATED: November 16, 2010 SULLIVAN & CROMWELL LLP 22 23

By: /s/ Theodore Edelman

Theodore Edelman

24

Attorneys for Defendants GOLDMAN SACHS & 25 CO. and GS MORTGAGE SECURITIES CORP.

26 27 28

DATED: November 16, 2010 DAVIS POLK & WARDWELL 2 3

By: /s/ James P. Rouhandeh

James P. Rouhandeh

4

Attorneys for Defendant MORGAN STANLEY &

5

CO., INCORPORATED and MORGAN STANLEY CAPITAL I, INC.

6

7

DATED: November 16, 2010 CRAVATH, SWAINE & MOORE LLP 8

SHEPPARD, MULLIN, RICHTER &

9

HAMPTON LLP

10

By: /s/ Richard W. Clary

11

Richard W. Clary

Attorneys for Defendants CREDIT SUISSE SECURITIES (USA) LLC and CREDIT SUISSE

12

FIRST BOSTON MORTGAGE SECURITIES CORP.

13

14 15

DATED: November 16, 2010 SHEARMAN & STERLING LLP 16 17

By: /s/ Stephen Hibbard

18

Stephen Hibbard

19

Attorneys for Defendants COUNTRYWIDE FINANCIAL CORPORATION, CWMBS, INC.,

20

and CWALT, INC.

21 22

DATED: November 16, 2010 PAUL, WEISS, RIFKIND, WHARTON &

GARRISON LLP

23 24

By: /s/ Susanna Buergel

25

Susanna Buergel

26

Attorneys for Defendants CITIGROUP GLOBAL MARKETS, INC. and CITIGROUP MORTGAGE

LOAN TRUST, INC.

DATED: November 16, 2010 KIRKLAND & ELLIS LLP 2 3

By: /s/ Maria Rivera

Maria Rivera

4

Attorneys for Defendants FIRST TENNESSEE

5

BANK, N.A. and FIRST HORIZON ASSET SECURITIES, INC.

6

7

DATED: November 16, 2010 SEVERSON & WERSON 8 9

By: /s/ Regina J. McClendon

10

Regina J. McClendon

11

Attorneys for Defendants RESIDENTIAL ASSET

MORTGAGE PRODUCTS, INC. and RESIDENTIAL ACCREDIT LOANS, INC.

12 13

DATED: November 16, 2010 GOODIN, MACBRIDE, SQUERI, DAY & 14

LAMPREY LLP

15

GRAIS & ELLSWORTH LLP

16 17

By: /s/ Anne Hartman

Anne Hartman

18

Attorneys for Plaintiff THE CHARLES SCHWAB

19

CORPORATION

20 21

22 23

PURSUANT TO STIPULATION, IT IS SO ORDERED:

24 25

DATED:

20101201

© 1992-2010 VersusLaw Inc.



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