Opinion
CASE NO. 2:10-cv-02483-GEB-CMK
10-28-2011
MVP ASSET MANAGEMENT (USA) LLC, a Delaware Limited Liability Company, Plaintiff, v. STEVEN VESTBIRK, et al., Defendants.
SULLIVAN JOHNSON LLP Daniel A. Johnson (authorized 10/28/11) DANIEL A. JOHNSON Attorneys for Plaintiff MVP ASSET MANAGEMENT (USA) LLC DLA PIPER LLP (US) Todd M. Noonan (authorized 10/28/11) TODD M. NOONAN Attorneys for Defendants 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
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
Judge: Honorable Garland E. Burrell, Jr.
1. WHEREAS, on June 6, 2011 the Court issued an Order setting a Status (Pretrial Scheduling) Conference for November 14, 2011.
2. WHEREAS, on October 3, 2011 Plaintiff filed its Second Amended Complaint in this action which includes claims under the federal securities laws.
3. WHEREAS, certain Specially Appearing Defendants, after review of the Second Amended Complaint, have determined that they will file a motion (or motions) to dismiss the Second Amended Complaint on various grounds and said motions shall be scheduled for hearing on December 19, 2011,
4. WHEREAS, the parties have agreed that Specially Appearing Defendants' motions may be filed and served on or before November 14, 2011.
5. 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.
6. 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 and that a continuance of the Status (Pretrial Scheduling) Conference by approximately another sixty (60) 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 November 14, 2011, be continued approximately 60 days to January 16, 2012.
IT IS SO STIPULATED.
SULLIVAN JOHNSON LLP
By Daniel A. Johnson (authorized 10/28/11)
DANIEL A. JOHNSON
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC
DLA PIPER LLP (US)
By Todd M. Noonan (authorized 10/28/11)
TODD M. NOONAN
Attorneys for Defendants
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 November 14, 2011, is continued to January 30, 2012, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing.
GARLAND E. BURRELL, JR.
United States District Judge