Opinion
CASE NO. 2:10-cv-02483-GEB-CMK
03-05-2013
MVP ASSET MANAGEMENT (USA) LLC, a Delaware Limited Liability Company, Plaintiff, v. STEVEN VESTBIRK, et al., Defendants.
SULLIVAN JOHNSON LLP DANIEL M. SULLIVAN (SBN 132878) DANIEL A. JOHNSON (SBN 130724) Attorneys for Plaintiff MVP ASSET MANAGEMENT (USA) LLC GEORGE L. O'CONNELL (SBN 74037) TODD M. NOONAN (SBN 172962) DLA PIPER LLP (US) Attorneys for Defendants [listed on signature page]
SULLIVAN JOHNSON LLP
DANIEL M. SULLIVAN (SBN 132878)
DANIEL A. JOHNSON (SBN 130724)
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC
GEORGE L. O'CONNELL (SBN 74037)
TODD M. NOONAN (SBN 172962)
DLA PIPER LLP (US)
Attorneys for Defendants
[listed on signature page]
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE STATUS
(PRETRIAL SCHEDULING)
CONFERENCE
Date: March 18, 2013
Judge: Honorable Garland E. Burrell, Jr.
1. WHEREAS, on November 27, 2012, the Court issued an Order setting a Status (Pretrial Scheduling) Conference for March 18, 2013;
2. WHEREAS, on July 23, 2012, Plaintiff filed its Fourth Amended Complaint in this action which includes claims under the federal securities laws;
3. WHEREAS, certain Specially Appearing Defendants filed motions to dismiss the Fourth Amended Complaint on various grounds and said motions were taken under submission by the Court on October 4, 2012, and remain under submission as of this filing;
4. WHEREAS, under PLSRA (15 U.S.C. § 78u-4(b)(3)) "all discovery and other proceedings" in this matter are stayed pending resolution of Specially Appearing Defendants' motions to dismiss;
5. WHEREAS, Plaintiff and Specially Appearing Defendants respectfully submit that, in light of the PLSRA stay, the Court should defer consideration of all discovery and litigation deadlines until the issues identified in the motions to dismiss have been addressed by the Court, such that the case is either dismissed, or, alternatively, the pleadings resolved and the case is at issue;
6. WHEREAS, Plaintiff and Specially Appearing Defendants respectfully submit that, in light of the PLSRA stay, a continuance of the Status (Pretrial Scheduling) Conference by approximately another ninety (90) days will conserve the resources of the parties and the Court and promote judicial economy by allowing time for the Court to address the motions to dismiss;
NOW, THEREFORE, Plaintiff and Specially Appearing Defendants, by and through their respective counsel of record, hereby stipulate as follows:
1. That the Status (Pretrial Scheduling) Conference, presently set for March 18, 2013 be continued approximately 90 days to a date on or about June 10, 2013.
IT IS SO STIPULATED.
SULLIVAN JOHNSON LLP
By _______________
DANIEL A. JOHNSON
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC
DLA PIPER LLP (US)
By _______________
TODD M. NOONAN
Attorneys for Defendants
STEVEN VESTBIRK, JEFF BALLIET, ALLISON
HANSLIK, ARK ROYAL ASSET
MANAGEMENT, LTD.; VESTBIRK CAPITAL
MANAGEMENT, LTD.; ARK ROYAL ASSET
MANAGEMENT, LLC; ARK DISCOVERY, LLC;
ARK ROYAL HOLDINGS, LLC; ARK ROYAL
SERVICES, LLC; ARK ROYAL CAPITAL, LLC;
ARK ROYAL CAPITAL FUNDING, LLC; ARK
ROYAL CAPITAL, INC.; ARK ROYAL
RESOURCES, LLC; ARK ROYAL ASSURANCE
LLC; ARK ROYAL INVESTMENTS, LLC
ORDER
The Status (Pretrial Scheduling) Conference, presently set for March 18, 2013, is continued to June 10, 2013, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing.
IT IS SO ORDERED.
___________________
GARLAND E. BURRELL, JR.
Senior United States District Judge