Opinion
CASE NO. C-01-2661-MMC.
September 13, 2005
GIBSON, DUNN CRUTCHER LLP, JONATHAN C. DICKEY, PAUL J. COLLINS, REBECCA JUSTICE LAZARUS, Palo Alto, California, Attorneys for Defendants GOLDMAN, SACHS CO., MERRILL LYNCH CO., MORGAN STANLEY DEAN WITTER, AND J.P. MORGAN.
LERACH COUGHLIN STOIA GELLER RUDMAN ROBBINS LLP, Attorneys for Plaintiffs.
STIPULATION TO EXTEND TIME TO ANSWER CORRECTED THIRD AMENDED COMPLAINT; [PROPOSED] ORDER
WHEREAS the Corrected Third Amended Complaint ("Complaint") in the above-captioned action was filed on April 29, 2005 and electronically served on that date;
WHEREAS the Court issued an Order on April 18, 2005 deeming the defendants' pending motions to dismiss applicable to the Complaint;
WHEREAS the Court issued an order on August 5, 2005 dismissing some of the claims asserted against the Underwriter Defendants in the Complaint and instructing the Underwriter Defendants to answer the Complaint by September 6, 2005;
WHEREAS on August 30, 2005, the Underwriter Defendants filed a motion for reconsideration or, in the alternative, for clarification of the August 5, 2005 Order and, on September 12, 2005, the Court denied the Underwriter Defendants' motion; and
WHEREAS the Underwriter Defendants' answer to the Corrected Third Amended Complaint currently must be filed on or before September 15, 2005, which is within three days of the Court's September 12, 2005 Order; and
WHEREAS the parties have stipulated to extend the time for the Underwriter Defendants to answer the Complaint in this action through and including October 3, 2005;
NOW THEREFORE, the parties hereby STIPULATE AND AGREE, and request the Court to order, as follows:
The Underwriter Defendants shall have to and including October 3, 2005 within which to file an answer to the Complaint.
The Underwriter Defendants' time within which to answer the Corrected Third Amended Complaint is hereby extended to and including October 3, 2005.
IT IS SO ORDERED.