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James Rafton, Trustee of the James & Cynthia Rafton Trust, Et v. Rydex Series Funds

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 27, 2011

JAMES RAFTON, TRUSTEE OF THE JAMES & CYNTHIA RAFTON TRUST, ET AL., PLAINTIFFS,
v.
RYDEX SERIES FUNDS, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Lucy H. Koh

Action Filed: March 19, 2010

STIPULATION AND [PROPOSED] ORDER FOR RESCHEDULING OF CASE MANAGEMENT ORDER

Dept: Courtroom 4, 5th Floor

STIPULATION AND [PROPOSED] ORDER RE CASE No. CV 10-01171 CRB MANAGEMENT ORDER

Inc., Michael P. Byrum, Richard M. Goldman, Carl G. Verboncoeur, John O. Demaret, Nick McCarville, and Roger Somers (collectively, "Defendants") hereby stipulate as follows:

over 22,000 pages of documents), Defendants have deposed the proposed class representatives, 8 and experts for both parties have performed an extensive analysis of liability and damage issues;

Plaintiffs James Rafton and James Darst, Jr. (collectively, "Plaintiffs") and Defendants

Rydex Series Funds, PADCO Advisors Inc. d/b/a Rydex Investments, Inc., Rydex Distributors, Bonos, Corey A. Colehour, J. Kenneth Dalton, Werner E. Keller, Thomas F. Lydon, Patrick T. WHEREAS, the parties have engaged in substantial discovery (including the exchange of WHEREAS, on May 26, 2011 counsel participated in an extended settlement meeting, wherein experts from both sides were present and liability and damage issues were addressed in 11 detail; deadline of June 8, 2011 to complete discussions and report back to the Court at the Case WHEREAS, the parties seek to postpone certain case deadlines in order to focus on settlement issues; and hearing date for the class certification motion;

request the following modification to the Case Management Scheduling Order and case schedule 21 issued by the Court on March 23, 2011: 2011 to June 21, 2011; and 2. End of Class Certification Expert Discovery is moved from June 21, 2011 to July 15, 2011.

WHEREAS, the parties continue to engage in serious settlement negotiations with a Management Conference scheduled for the same date;

WHEREAS, the postponed deadlines will not affect the existing briefing schedule or NOW, THEREFORE, the undersigned parties, by and through their counsel of record, 1. Disclosure of Rebuttal Experts and Exchange of Reports is moved from June 7, 3. The remaining case schedule shall remain the same.

Dated: May 27, 2011 Respectfully submitted, 3

ALAN W. SPARER MARC HABER KEVIN H. LEWIS JAMES S. NABWANGU SPARER LAW GROUP By: ALAN W. SPARER Counsel for JAMES RAFTON, TRUSTEE OF THE JAMES AND CYNTHIS RAFTON TRUST and JAMES DARST, JR., AS TRUSTEE OF THE JAMES & HILLARY DARST TRUST

Concurrence in the filing of this document has been obtained from each of the other signatories.

Dated: May 27, 2011 Respectfully submitted, DECHERT LLP MATTHEW L. LARRABEE DAVID A. KOTLER MURIEL M. KOROL By: MATTHEW L. LARRABEE Counsel for Defendants RYDEX SERIES FUNDS; PADCO ADVISORS INC. d/b/a RYDEX INVESTMENTS, INC.; RYDEX DISTRIBUTORS, INC.; NICK BONOS; MICHAEL P. BYRUM; RICHARD M. GOLDMAN; and CARL VERBONCOEUR Dated: May 27, 2011 Respectfully submitted, SCHIFF HARDIN LLP MICHAEL K. WOLENSKY CRAIG BRIDWELL By: CRAIG BRIDWELL Counsel for Defendants JOHN O. DEMARET; COREY A. COLEHOUR; J. KENNETH DALTON; WERNER E. KELLER; THOMAS F. LYDON; PATRICK T. MCCARVILLE; and ROGER SOMERS

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ________________, 2010

HON. LUCY H. KOH UNITED STATES DISTRICT JUDGE

20110527

© 1992-2011 VersusLaw Inc.



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