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The Anschutz Corporation v. Merrill Lynch & Co.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


December 7, 2010

THE ANSCHUTZ CORPORATION, PLAINTIFF,
v.
MERRILL LYNCH & CO., INC.; MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED; DEUTSCHE BANK SECURITIES INC.; MOODY'S INVESTORS SERVICE,INC.; THE MCGRAW-HILL
COMPANIES, INC.; FITCH, INC.; AND FITCH RATINGS, LTD.,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Susan Illston

STEPHEN E. TAYLOR (State Bar No. 58452) JONATHAN A. PATCHEN (State Bar No. 237346) STEPHEN McG. BUNDY (State Bar No. 253017) TAYLOR & COMPANY LAW OFFICES, LLP One Ferry Building, Suite 355 San Francisco, California 94111 Telephone: 415-788-8200 Facsimile: 415-788-8208 E-mail: staylor@tcolaw.com E-mail: jpatchen@tcolaw.com E-mail: sbundy@tcolaw.com MARTIN FLUMENBAUM (Admitted Pro Hac Vice) ROBERTA A. KAPLAN (Admitted Pro Hac Vice) ANDREW J. EHRLICH (Admitted Pro Hac Vice) TOBIAS J. STERN (Admitted Pro Hac Vice) PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, New York 10019-6064 Telephone: 212-373-3000 Facsimile: 212-757-3990 E-mail: mflumenbaum@paulweiss.com E-mail: rkaplan@paulweiss.com E-mail: aehrlich@paulweiss.com E-mail: tstern@paulweiss.com Counsel for Defendants Fitch, Inc. and Fitch Ratings, Ltd.

Additional counsel listed on signature page

Date: December 14, 2010 Time: 3:00 P.M. Ctrm: 10

JOINT REQUEST FOR A CONTINUANCE OF THE CASE MANAGEMENT CONFERENCE

During the October 26, 2010 hearing on Defendants' Motion to Dismiss, the Court scheduled December 14, 2010 as the default date for the CMC, provided that the Court had issued a ruling 5 on the Motions in advance of that date. As the Court knows, all discovery in this case has been 6 stayed pending this Court's rulings on Defendants' Motions to Dismiss. In the Joint Case The parties jointly submit this Request for a Continuance of the Case Management Conference (the "CMC"), currently scheduled for December 14, 2010, to February 4, 2011.

Management Statement filed on October 19, 2010 (DN 198), the parties agreed to meet and confer within 10 business days of the Court's rulings on Defendants' Motions to Dismiss, at which time the parties will engage in further discussions concerning the disclosures required by Fed. R. Civ. P. 26(a)(1), any modifications to limits on the number of interrogatories and depositions, and the development of a discovery plan in accordance with Fed. R. Civ. P. 26(f)(2)-(f)(3), including disclosure or discovery of electronically-stored information. In order to allow sufficient time for these meet and confer discussions prior to the CMC and to promote judicial efficiency and economy, the parties respectfully request that the CMC be continued until February 4, 2011 or until such time as the Court deems proper.

The case management conference has been continued to 2/4/11 at 3 p.m.

GENERAL ORDER 45 CERTIFICATION

I, Jonathan A. Patchen, hereby attest pursuant to Northern District of California General Order No. 45 that the concurrence to the filing of this document has been obtained from each 4 signatory hereto.

BY: /s/ Jonathan A. Patchen

20101207

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