UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
December 13, 2010
JERRY SMIT, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
CHARLES SCHWAB & CO., INC., SCHWAB INVESTMENTS
AND CHARLES SCHWAB FIRST INVESTMENT MANAGEMENT, INC.,
The opinion of the court was delivered by: Honorable Lucy H. Koh United States District Judge
STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTION TO DISMISS COMPLAINT AND SETTING SCHEDULE FOR MOTION TO DISMISS AMENDED COMPLAINT
Date action filed: Sept. 3, 2010
WHEREAS, on September 3, 2010, Jerry Smit ("Plaintiff") filed a complaint against Charles Schwab & Co., Inc., Schwab Investments, and Charles Schwab Investment Management, Inc. ("Defendants");
WHEREAS, on October 6, 2010, the Court related the Smit action to Northstar Financial Advisors, Inc. v. Schwab Investments, Case No. 08-cv-4119-LHK;
WHEREAS, pursuant to parties' stipulation in the Smit action, the Court adopted the same briefing and hearing schedule for Defendants' motion to dismiss in this related action as the Northstar motion to dismiss (Dkt. No. 22);
WHEREAS, under that schedule, Defendants filed their motion to dismiss on November 11, 2010, and plaintiff Smit's response was due Monday, December 6, 2010; and
WHEREAS, plaintiff Smit filed an amended complaint on Thursday, December 2, 2010, which superseded her original complaint and had the effect of rendering moot Defendants' motion to dismiss;
IT IS HEREBY STIPULATED AND AGREED among the undersigned parties, subject to Court approval, that Defendants shall withdraw their motion to dismiss the now-superseded 9 complaint and file a motion to dismiss the Amended Complaint on or before January 5, 2010, Plaintiff's opposition shall be filed on or before February 4, 2011, Defendants' reply shall be filed 11 on or before February 18, 2011, and the hearing on the motion shall be set for March 3, 2011, at 12 1:30 p.m. or as soon thereafter as the matter may be heard.
IT IS SO STIPULATED.
AGREED and entered into this 6th day of December, 2010
HAGENS BERMAN SOBOL SHAPIRO QUINN EMANUEL URQUHART & LLP SULLIVAN, LLP ____/s/ Steve W. Berman______________ ____/s/ Richard Schirtzer________________ Steve Berman Richard Schirtzer 1918 Eighth Avenue, Suite 3300 865 S. Figueroa St., 10th Floor Seattle, Washington 98101 Los Angeles, California 90017 20 Telephone: (206) 623-7292 Telephone: (213) 443-3000 Facsimile: (206) 623-0594 Facsimile: (213) 443-3100 21 Attorneys for Plaintiff Smit and the Attorneys for defendants Charles Schwab Proposed Class & Co., Inc., Charles Schwab Investment Management, Inc., Schwab Investments
IT IS SO ORDERED.
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