UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
July 9, 2012
JOY YOSHIOKA, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
THE CHARLES SCHWAB CORPORATION, SCHWAB HOLDINGS, INC. AND CHARLES SCHWAB & CO., INC., DEFENDANTS.
The opinion of the court was delivered by: Edward Chen Judge United States District Judge
STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS
WHEREAS, at the Status Conference held in this action on June 19, 2012, the Court lifted 2 the stay in the action only to allow Defendants The Charles Schwab Corporation, Schwab Holdings, Inc., and Charles Schwab & Co., Inc. ("Defendants") to file a motion to dismiss pursuant to the Federal Rules of Civil Procedure, Rule 12(b) ("Motion") with a hearing date set for Friday, September 21, 2012 and a further case management conference set for the same date;
WHEREAS, Defendants and Plaintiff Joy Yoshioka ("the Parties") have met and conferred and reached an agreed-upon briefing schedule; and 8
WHEREAS, the agreed-upon briefing schedule does not alter the date of the hearing on the Motion set by the Court or the time by which briefing on the Motion will be complete; 10
THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties, through their 11 respective counsel, subject to approval of the Court, as follows:
1. Defendants shall file their Motion on or before August 3, 2012, and set it for hearing 13 on September 21, 2012; 14
2. Plaintiff Joy Yoshioka shall file any opposition to the Motion on or before August 24, 2012; 16
3. Defendants shall file a reply in support of the Motion on or before September 7, 2012; and 18
4. The undersigned Parties jointly and respectfully request that the Court enter this Stipulation as an Order. 20
Dated: July 6, 2012 ARNOLD & PORTER LLP By: /s/ Kenneth G. Hausman KENNETH G. HAUSMAN Attorneys for Defendants THE CHARLES SCHWAB CORPORATION, SCHWAB HOLDINGS, INC. AND CHARLES SCHWAB & CO., INC. Dated: July 6, 2012 Thomas K. Caldwell firstname.lastname@example.org (Pro Hac Vice) T. John Kirk email@example.com (Pro Hac Vice) MADDOX HARGETT & CARUSO, P.C. 10100 Lantern Road, Suite 150 Fishers, Indiana 46037 Telephone: 317.598.2040 Facsimile: 317.539.2050 By: /s/T. John Kirk T. JOHN KIRK Attorneys for Plaintiff JOY YOSHIOKA RYAN BAKHTIARI firstname.lastname@example.org AIDIKOFF, UHL & BAKHTIARI 9454 Wilshire Boulevard, Suite 303 Beverly Hills, California 90212 Telephone: 310.274.0666 Facsimile: 310.859.0513 Barbara Quinn Smith (Ohio Bar 0055328) email@example.com (Pro Hac Vice) MADDOX HARGETT & CARUSO, P.C. 9853 Johnnycake Ridge Road, Suite 302 Mentor, Ohio 44060 Telephone: 440.354.4010 Facsimile: 440.848.8175 Tim Berry firstname.lastname@example.org (Pro Hac Vice) TIM BERRY P.C. 11812 E. Toledo Gilbert, Arizona 85295 Telephone: 602.652.2875
Pursuant to General Order No. 45X(B), I hereby attest that concurrence in the filing of this 22 document has been obtained from T. John Kirk. 23
Dated: July 6, 2012. 24
By: /s/Kenneth G. Hausman KENNETH G. HAUSMAN
Pursuant to the Stipulation between the Parties, and good cause appearing therefor, IT IS
HEREBY ORDERED, that 4
1. Defendants shall file their Motion on or before August 3, 2012, and set it for hearing on September 21, 2012; 6
2. Plaintiff Joy Yoshioka shall file any opposition to the Motion on or before August 24, 2012; 8
3. Defendants shall file any reply in support of the Motion on or before September 7, 2012; at 1:30 p.m.
4. The hearing on the Motion remains set for September 21, 2012, or as soon thereafter 11 as the Court's schedule may allow.
The Further CMC is reset for September 28, 2012 at 1:30 p.m.
HONORABLE EDWARD CHEN
IT IS SO ORDERED
AS MODIFIED A
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