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Minh Hong v. Morgan Stanley & Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO-OAKLAND DIVISION


August 20, 2012

MINH HONG,
PLAINTIFF,
v.
MORGAN STANLEY & CO., LLC, F/K/A MORGAN STANLEY & CO., F/K/A MORGAN STANLEY & CO., INC., F/K/A MORGAN STANLEY DW, INC., MORGAN STANLEY SMITH BARNEY LLC, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Thelton Henderson United States District Judge

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

Pursuant to Civil Local Rule 6-2 and 7-12, Plaintiff and Defendants, by and through their 2 respective counsel of record, hereby submit this Stipulation and Proposed Order seeking 3 continuance of the Case Management Conference, currently scheduled for August 27, 2012, to 4 October 29, 2012, or as soon thereafter as the Court's schedule will allow. 5 WHEREAS, the Court's August 7, 2012 Clerk's Notice set a Case Management Conference in this matter for August 27, 2012, at 1:30 p.m.; 7 WHEREAS, the parties have stipulated that Defendants will have to September 4, 2012 to 8 file their answer or other responsive pleading; 9

WHEREAS, Defendants intend to file a Motion to Transfer Venue on or before 6 September 4, 2012, with the earliest possible hearing date on the motion of October 15, 2012; 11

WHEREAS, a continuance of the Case Management Conference to October 29, 2012, 12 after the date of the hearing on the Motion to Transfer Venue, would conserve judicial resources 13 and time and expense of the parties. The continuance will not affect any other dates and 14 deadlines in this matter, with the exception of the parties' deadline to submit a Joint Case 15 Management Conference Statement, which will be due one week prior to the rescheduled Case 16 Management Conference. 17

THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:

The Case Management Conference, presently scheduled for August 27, 2012, shall be continued to October 29, at 1:30 p.m., or as soon thereafter as the Court's schedule will allow, 20 and the Joint Case Management Statement will be due one week prior to the rescheduled Case Management Conference.

Dated: August 15, 2012. TRISH M. HIGGINS ANDREA L. BROWN Orrick, Herrington & Sutcliffe LLP 3 4 By: /s/ Trish M. Higgins 5 TRISH M. HIGGINS Attorneys for Defendants Dated: August 15, 2012. LAWRENCE BALL LOUIS A. HIGHMAN 7 Highman, Highman & Ball 8 9 By: /s/ Lawrence Ball 10 LAWRENCE BALL Attorneys for Plaintiff Minh Hong

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. 15

The Case Management Conference is hereby continued to October 29, 2012, at 1:30 p.m, 16 and the Joint Case Management Statement shall be filed by October 22, 2012. 17

ES DIST AT RICT S C

20120820

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