Free Notice (Other) - District Court of California - California

Case 3:07-cv-05528-PJH

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Filed 03/17/2008

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Bingham McCutchen LLP WALTER M. STELLA (SBN 148215) [email protected] JACQUELINE S. BRONSON (SBN 222169) [email protected] Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: 415.393.2000 Facsimile: 415.393.2286 Attorneys for Defendants UBS Financial Services, Inc. (also sued as UBS/Paine Webber) and UBS/Paine Webber Partner's Plus UNITED STATES DISTRICT COURT

9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 Alva Gene Thaning, 13 Plaintiff, 14 v. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANTS' AMENDED NOTICE OF MOTION TO COMPEL ARBITRATION AND FOR STAY TO PLAINTIFF AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT, pursuant to this Court's order at the Case Management Conference, Defendants' Motion To Compel Arbitration And Stay Proceedings shall be heard on April 16, 2008, at 9:00 a.m., or as soon thereafter as the matter may be heard before the Honorable Phyllis J. Hamilton, in Courtroom 3 of the above-captioned court, 450 Golden Gate Avenue, San Francisco, California 94102. Defendants UBS Financial Services Inc. (also sued as UBS/Paine Webber) and UBS PartnerPlus Plan (erroneously sued as UBS/Paine Webber Partner's Plus) (collectively, "Defendants") will and hereby do move for an order
A/72472285.1/0377878-0000329911 CASE NO.: 07-5528 MJJ

No. 07-5528 MJJ DEFENDANTS' AMENDED NOTICE OF MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS Date: Time: Place: Judge: April 16, 2008 9:00 a.m. Courtroom 3, 17th Flr. Hon. Phyllis J. Hamilton

UBS/Paine Webber, UBS/Paine Webber Partner's Plus, UBS Financial Services, Inc., Defendants.

DEFENDANTS' AMENDED NOTICE OF MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

Case 3:07-cv-05528-PJH

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compelling arbitration and staying all causes of action alleged in Plaintiff's Complaint filed on October 30, 2007. This motion is based on the Federal Arbitration Act (the "FAA"), 9 U.S.C. §§ 1 et seq., and is made on the grounds that the Complaint, and each and every cause of action contained therein, is subject to binding arbitration. This motion is based on this Amended Notice of Motion and Motion, the previously filed Memorandum of Points and Authorities and accompanying Declarations of Michael O'Connell and Walter M. Stella, all papers and records on file herein, and on all oral and documentary evidence as may be presented at the hearing on this matter. DATED: March 17, 2008 Bingham McCutchen LLP

By:

/s/ Walter M. Stella Walter M. Stella Attorneys for Defendants UBS Financial Services, Inc. (also sued as UBS/Paine Webber) and UBS/Paine Webber Partner's Plus

A/72472285.1/0377878-0000329911

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CASE NO.: 07-5528 MJJ

DEFENDANTS' AMENDED NOTICE OF MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS