Opinion
Case No. CV-11-1703-EMC
10-27-2011
ELWOOD QUESADA AND JAMES DeROSA and Others Similarly Situated, Plaintiffs, v. BANC OF AMERICA INVESTMENT SERVICES INC. NKA MERRILL LYNCH PIERCE FENNER & SMITH, INC., Defendant.
Jon E. Drucker Attorneys for Plaintiffs Elwood Quesada, James DeRosa, and All Others Similarly Situated REED SMITH LLP Heather B. Hoesterey Attorneys for Defendant BANC OF AMERICA INVESTMENT SERVICES INC. NKA MERRILL LYNCH PIERCE FENNER & SMITH, INC.,
LAW OFFICES OF JON E. DRUCKER, PC
JON E. DRUCKER, SBN 139389
8306 Wilshire Boulevard # 638
Beverly Hills, California 90211
ph(323) 931-6363
fax (310) 861-5480
Email: jdrucker@lawyers.com
Attorneys for Plaintiffs Elwood Quesada,
James DeRosa, and All Others Similarly Situated
STIPULATION RE THIRD AMENDED
COMPLAINT AND TO TAKE HEARING
ON DEFENDANT'S MOTION TO DISMISS
THE SECOND AMENDED COMPLAINT
OFF CALENDAR ; ORDER
Complaint Filed: February 7, 2011
FAC Filed: May 11, 2011
SAC Filed: September 23, 2011
The Honorable Edward M. Chen
The parties, Plaintiffs Elwood Quesada and James DeRosa ("Plaintiffs") and Banc of America Investment Services Inc.'s (nka Merrill Lynch Pierce Fenner & Smith, Inc.) ("Defendant" or "BOA"), hereby stipulate to Plaintiffs filing of a third amended complaint and to take the currently pending Motion to Dismiss (the "Motion") the Second Amended Complaint ("SAC") off-calendar.
WHEREAS, Plaintiffs inadvertently filed an early draft of the SAC that omitted critical details, and they would like to correct that mistake;
WHEREAS, as a matter of right, Plaintiffs can file a third amended complaint in response to Defend ant's MTD the SAC;
WHEREAS, Defendant consents to Plaintiffs filing a third amended complaint, without waiver of any of its defenses thereto;
WHEREAS, Plaintiffs consent to Defendant having 21-days to respond to the third amended complaint;
WHEREAS, in light of the filing of a third amende d complaint, the currently scheduled hearing on the MTD the SAC, now set for November 21, 2011, should go off-calendar.
THEREFORE, the Parties hereby stipulate to Plaintiffs' filing of a third amended complaint on or before October 28, 2010, to Defendant filing its response thereto no later than 21-days thereafter, and to take the pending hearing on the MTD the SAC off-calendar.
Respectfully Submitted,
LAW OFFICES OF JON E. DRUCKER, PC
By: Jon E. Drucker
Attorneys for Plaintiffs Elwood Quesada, James DeRosa,
and All Others Similarly Situated
REED SMITH LLP
By: Heather B. Hoesterey
Attorneys for Defendant
BANC OF AMERICA INVESTMENT SERVICES INC.
NKA MERRILL LYNCH PIERCE FENNER & SMITH, INC.,
ORDER
IT IS SO ORDERED.
Judge Edward M. Chen