Free Letter - District Court of California - California

Case 3:08-cv-03188-JSW

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Filed 08/18/2008

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August 18, 2008

Sent Via ECF Honorable Jeffrey S. White United States District Court, District of Northern California Courtroom 2, 17th Floor 450 Golden Gate Ave. San Francisco, CA 94102

Re:

Charles Jason Moran v. Piper Jaffray & Co. d/b/a Piper Jaffray Court File No. 08-cv-3188 JSW

Dear Judge White: The parties in the above-referenced case are scheduled to appear in front of the Court on August 22, 2008, for Defendant's Petition to Compel Arbitration and Stay the Proceedings. See Dkt. 14. On October 10, 2008, the parties are scheduled to appear in front of the Court again, this time on Plaintiff's Motion for Preliminary Injunction. See Dkt. 27. Plaintiff respectfully requests that the Court hear its Motion for Preliminary Injunction on August 22, at the same time as it hears Defendant's motion. Plaintiff originally noticed the motion for that date. See Dkt. 21. Pursuant to the Court's order, Dkt. 29, the parties have fully briefed the motion. Defendant has blurred the lines between the two motions by devoting significant portions of its reply brief to arguments in response to Plaintiff's motion. See Dkt. 30. If the Court is unable to entertain oral argument for Plaintiff's October 10 motion on August 22, Plaintiff is willing to waive the October 10 hearing so that the Court might decide the motion on the papers. Finally, Plaintiff would like to inform the Court that he has clarified his request for permanent relief through FINRA, to the extent there was any ambiguity as to the nature of that request. A copy of Plaintiff's letter to FINRA is attached hereto.

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Sincerely, NICHOLS KASTER, LLP

Matthew C. Helland Encl. cc: Client Gordon Young, Esq. (via ECF) Julie Kole, Esq. (via ECF) Anne Moriarty, Esq. (via ECF)

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