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Douglas K. Mcdaniel and Bryan v. Wells Fargo Investments

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 27, 2011

DOUGLAS K. MCDANIEL AND BRYAN
CLARK, ON BEHALF OF THEMSELVES, ALL OTHERS SIMILARLY SITUATED, AND THE GENERAL PUBLIC,
PLAINTIFFS,
v.
WELLS FARGO INVESTMENTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, WELLS FARGO BANK, N.A., A NATIONAL ASSOCIATION, WELLS FARGO ADVISORS, LLC, FORMERLY KNOWN AS WACHOVIA SECURITIES, LLC, A DELAWARELIMITED LIABILITY COMPANY, AND DOES 1 THROUGH 50 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge Samuel Conti

MALCOLM A. HEINICKE (State Bar No. 194174) Malcolm.Heinicke@mto.com MUNGER, TOLLES & OLSON LLP 560 Mission Street, Twenty-Seventh Floor San Francisco, CA 94105-2907 Telephone: (415) 512-4000 Facsimile: (415) 512-4077 TERRY E. SANCHEZ (State Bar No. 101318) SHOSHANA E. BANNETT (State Bar. No. 241977) MUNGER, TOLLES & OLSON LLP 355 South Grand Avenue, Thirty-Fifth Floor Los Angeles, California 90071-1560 Telephone: (213) 683-9100 Facsimile: (213) 687-3702 Attorneys for Defendants

STIPULATION AND [PROPOSED] ORDER SETTING RULE MOTION BRIEFING SCHEDULE

WHEREAS, Plaintiffs have filed the instant putative class action relating to their employment with Defendants;

WHEREAS, Defendants intend to file a motion pursuant to Rule 12 of the Federal Rules of Civil Procedure in response to the First Amended Complaint;

WHEREAS, the parties have met and conferred and determined that June 24, 2011 would be a mutually acceptable hearing date, and Defendants have reserved June 24, 2011 at 10 a.m. for 7 the hearing on Defendants' motion;

WHEREAS, the parties have agreed to a schedule for briefing on the motion to dismiss;

NOW THEREFORE, Plaintiffs and Defendants through their counsel of record stipulate to the following and respectfully request an order to this effect:

IT IS HEREBY STIPULATED that the Opening Memorandum for Defendants' Rule motion is due on May 6, 2011, Plaintiffs' Opposition Memorandum is due on May 27, 2011, and Defendants' Reply Memorandum is due on June 10, 2011 (fourteen days before the hearing as 4 required by the Civil Local Rules). 5

PURSUANT TO STIPULATION, IT IS SO ORDERED, that the Opening Memorandum for Defendants' Rule 12 motion is due on May 6, 2011, Plaintiffs' Opposition Memorandum is due 20 on May 27, 2011, and Defendants' Reply Memorandum is due on June 10, 2011 (fourteen days 21 before the hearing as required by the Civil Local Rules). ES

IT IS SO ORDERED

THE HONORABLE SAMUEL CONTI

I, Malcolm A. Heinicke, am the ECF User whose identification and password are being used to file this STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE In compliance with General Order 45.X.B., I hereby attest that William P. Torngren 28 concurred in this filing.


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