Opinion
Case No. C 11-02885 SBA
03-18-2013
GREGORY R. RAIFMAN and SUSAN RAIFMAN, husband and wife, individually and on behalf of their marital community and as Trustees of the RAIFMAN FAMILY REVOCABLE INTERVIVOS TRUST and as beneficiaries of the PALLADIAN TRUST; GEKKO HOLDINGS, LLC, and HELICON INVESTMENTS, LTD., Plaintiffs, v. WACHOVIA SECURITIES, LLC, N/K/A WELLS FARGO ADVISORS, LLC; Defendant.
RONALD E. WOOD, SBN 133854 JENNIFER L. ROCHE, SBN 254538 PROSKAUER ROSE LLP Attorneys for Defendant Wachovia Securities, LLC n/k/a Wells Fargo Advisors, LLC Tod Aronovitz (Pro Hac Vice ) Barbara Perez (Pro Hac Vice ) Andrew Zelmanowitz (Pro Hac Vice ) ARONOVITZ LAW By: Tod Aronovitz Attorneys for Plaintiffs
RONALD E. WOOD, SBN 133854
JENNIFER L. ROCHE, SBN 254538
PROSKAUER ROSE LLP
Attorneys for Defendant
Wachovia Securities, LLC
n/k/a Wells Fargo Advisors, LLC
STIPULATION WITHDRAWING
OPPOSITION AND CONSENTING TO
FILING OF PLAINTIFFS' PROPOSED
SECOND AMENDED COMPLAINT
Hon. Saundra B. Armstrong
WHEREAS, on March 11, 2013, the Court denied Defendant's motion to dismiss the First Amended Complaint on procedural grounds;
WHEREAS, Plaintiffs' Motion for Leave To File Proposed Second Amended Complaint ("Motion for Leave"), is scheduled for hearing on March 19, 2013; and
WHEREAS, on March 15, 2013, counsel for Defendant advised counsel for Plaintiffs of Defendant's intent to withdraw its opposition to Plaintiffs' pending motion and consent to Plaintiffs' filing the proposed Second Amended Complaint.
NOW THERFORE, the parties, through their respective counsel, hereby stipulate and agree that:
1. Defendant hereby withdraws its opposition to Plaintiffs' Motion For Leave To File Proposed Second Amended Complaint;
2. Defendant consents to Plaintiffs' filing the [Proposed] Second Amended Complaint, previously filed as Docket No. 105-1, reserving its right to file any appropriate motion directed against it, including a motion to dismiss; and
3. Defendant's time to respond to the First Amended Complaint is hereby adjourned sin die.
RONALD E. WOOD
JENNIFER L. ROCHE
PROSKAUER ROSE LLP
By: _________________
Ronald E. Wood
Attorneys for Defendant
Tod Aronovitz (Pro Hac Vice)
Barbara Perez (Pro Hac Vice)
Andrew Zelmanowitz (Pro Hac Vice)
ARONOVITZ LAW
By: Tod Aronovitz
Attorneys for Plaintiffs
PURSUANT TO STIPULATION, IT IS SO ORDERED.
______________________
Hon. Saundra B. Armstrong
United States District Judge