Opinion
Case No. C-01-2661-MMC.
September 6, 2005
GIBSON, DUNN CRUTCHER LLP, JONATHAN C. DICKEY, PAUL J. COLLINS, REBECCA JUSTICE LAZARUS, Palo Alto, California.
GOLDMAN, SACHS CO., MERRILL LYNCH CO., MORGAN STANLEY DEAN WITTER, AND J.P. MORGAN. Attorneys for Defendants.
John K. Grant, LERACH COUGHLIN STOIA GELLER RUDMAN ROBBINS LLP, Attorneys for Plaintiffs.
STIPULATION AND PROPOSED ORDER TO EXTEND TIME FOR UNDERWRITER DEFENDANTS TO ANSWER THE CORRECTED THIRD AMENDED COMPLAINT
WHEREAS the Corrected Third Amended Complaint ("Complaint") in the above-captioned action was filed on April 29, 2005 and electronically served on that date; and
WHEREAS the Court issued an Order on August 5, 2005 dismissing some, but not all, of the claims asserted against the Underwriter Defendants in the Complaint and instructing the Underwriter Defendants to answer the Complaint by September 6, 2005; and
WHEREAS in consideration of the length of the Complaint (365 paragraphs), the Underwriter Defendants have requested as a courtesy additional time to prepare their answer and the parties have stipulated to extend the time for the Underwriter Defendants to answer the Complaint in this action through and including September 15, 2005;
NOW THEREFORE, the parties hereby STIPULATE AND AGREE, and request the Court to order, as follows:
Defendants Goldman, Sachs Co., Merrill Lynch Co., Morgan Stanley Dean Witter, and J.P. Morgan shall have up to and including September 15, 2005 within which to file an answer to the Complaint.
ORDER
The parties having stipulated to extend the time within which defendants Goldman, Sachs Co., Merrill Lynch Co., Morgan Stanley Dean Witter, and J.P. Morgan must answer the Corrected Third Amended Complaint, and good cause appearing therefore, the Court ORDERS AS FOLLOWS:
Absent further Order of the Court, defendants Goldman, Sachs Co., Merrill Lynch Co., Morgan Stanley Dean Witter, and J.P. Morgan shall answer the Corrected Third Amended Complaint by September 15, 2005.
IT IS SO ORDERED.