Free Motion for Leave to File Excess Pages - District Court of California - California

Case 3:08-cv-02705-JSW

Document 30

Filed 08/28/2008

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GILMUR R. MURRAY (SBN #111856) DEREK G. HOWARD (SBN #118082) SCOTT J. YUNDT (SBN #242595) MURRAY & HOWARD, LLP 436 - 14th Street, Suite 1413 Oakland, CA 94612 Telephone: (510) 444-2660 Facsimile: (510) 444-2522 [email protected] [email protected] [email protected] NIALL P. McCARTHY (SBN #160175) LAURA SCHLICHTMANN (SBN #169699) COTCHETT, PITRE & McCARTHY San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 [email protected] [email protected] UNITED STATES DISTRICT COURT NORTH ERN DISTRICT OF CALIFORNIA

ELLEN STOODY-BROSER, an Individual, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. BANK OF AMERICA, N.A., and BANK OF AMERICA CORPORATION, Defendants.

No. CV 08-2705 JSW CLASS ACTION UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE OVERLENGTH BRIEF IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS; STIPULATION; [Proposed] ORDER Date: October 31, 2008 Time: 9:00 a.m. Place: Courtroom 2, 17th Floor Honorable Jeffrey S. White

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UNO PPOSED ADM IN. MTN. FOR LEAVE TO FILE OVER LENGTH BRIEF ISO PLAINTIFF'S OPP. TO M TN. TO DISMISS; STIP.; [Proposed] ORDER , Case No. CV 08-2705 JSW

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Pursuant to Civil Local Rule 7-11 and the parties' stipulation, which is attached, Plaintiff Ellen Stoody-Broser hereby submits this unopposed administrative motion for leave to file a Memorandum of Points and Authorities ("brief") in opposition to Defendants' pending motion to dismiss of not more than 20 pages in length. Plaintiff's brief is due by September 5, 2008. This Court's Civil Standing Orders generally limit briefs in support of or opposition to most motions, including the pending motion, to 15 pages (exclusive of title pages, tables of contents and authorities, exhibits, and summaries of argument, if required). Plaintiff respectfully submits that good cause exists to allow a longer brief in this instance. First, Defendants' brief in support of their motion was 17 pages long, pursuant to Plaintiff's agreement and the Court's approval. Second, the issue involved in Defendants' motion is a matter of first impression in this jurisdiction: whether the Securities Litigation Uniform Standards Act of 1998 ("SLUSA") precludes a class action asserting state-law claims of breach of trust predicated on the factual pattern alleged in Plaintiff's complaint. Third, Defendants raise a number of arguments and rely on a number of recent decisions from other jurisdictions, all of which require adequate factual and legal analysis by way of response. Finally, Defendants' counsel has agreed to the requested page length (see attached stipulation), and this administrative motion is therefore unopposed. For the foregoing reasons, Plaintiff respectfully requests that the Court grant her leave to file a brief in opposition to Defendants' pending motion to dismiss of not more than 20 pages (of text, excluding the summary of argument) in length. Respectfully submitted, DATED: August 28, 2008 COTCHETT, PITRE & McCARTHY MURRAY & HOWARD, LLP

/s/ Laura Schlichtmann Attorneys for Plaintiff Ellen Stoody-Broser

By:

UNO PPOSED ADM IN. MTN. FOR LEAVE TO FILE OVER LENGTH BRIEF ISO PLAINTIFF'S OPP. TO M TN. TO DISMISS; STIP.; [Proposed] ORDER , Case No. CV 08-2705 JSW

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EXHIBIT A


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GILMUR R. MURRAY (SBN #111856) DEREK G. HOWARD (SBN #118082) SCOTT J. YUNDT (SBN #242595) MURRAY & HOWARD, LLP 436 - 14th Street, Suite 1413 Oakland, CA 94612 Telephone: (510) 444-2660 Facsimile: (510) 444-2522 [email protected] [email protected] [email protected] NIALL P. McCARTHY (SBN #160175) LAURA SCHLICHTMANN (SBN #169699) COTCHETT, PITRE & McCARTHY San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 [email protected] [email protected] UNITED STATES DISTRICT COURT NORTH ERN DISTRICT OF CALIFORNIA

ELLEN STOODY-BROSER, an Individual, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. BANK OF AMERICA, N.A., and BANK OF AMERICA CORPORATION, Defendants.

No. CV 08-2705 JSW CLASS ACTION STIPULATION REGARDING PLAINTIFF'S FILING OF OVERLENGTH BRIEF IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS Date: October 31, 2008 Time: 9:00 a.m. Place: Courtroom 2, 17th Floor Honorable Jeffrey S. White

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STIP. re: PLAINTIFF'S FILING OF OV ERLENG TH BR IEF ISO PLAINTIFF'S OPP. TO M TN. TO DISM ISS, Case No. CV 08-2705 JSW

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Whereas Defendants have filed a motion to dismiss Plaintiff's Complaint, pursuant to

2 Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing that the Securities Litigation 3 Uniform Standards Act of 1998 ("SLUSA") precludes a class action asserting state-law claims of 4 breach of trust predicated on the factual pattern alleged in Plaintiff's complaint; 5 6

Whereas Plaintiff's opposition is due by September 5, 2008; Whereas this Court's Civil Standing Orders generally limit briefs in support of or

7 opposition to most motions, including the pending motion, to 15 pages (exclusive of title pages, 8 tables of contents and authorities, exhibits, and summaries of argument, if required); 9

Whereas Defendants' brief in support of their motion was 17 pages long, pursuant to

10 Plaintiff's agreement, Defendants' administrative motion filed in accordance with Civil Local 11 Rule 7-11, and the Court's approval; and 12

Whereas Plaintiff has asked Defendants' counsel to agree to a 20-page length for

13 Plaintiff's opposition brief (exclusive of the caption, tables of contents and authorities, any 14 exhibits, and a summary of argument), and Defendants' counsel has agreed to the request; 15

Now, therefore, pursuant to Civil Local Rule 6-2, the parties, through their undersigned

16 counsel, hereby stipulate that Plaintiff may file an opposition brief of no more than 20 pages of 17 text (exclusive of a summary of argument), subject to the Court's approval. 18

IT IS SO STIPULATED. COTCHETT, PITRE & McCARTHY MURRAY & HOWARD, LLP

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/s/ Laura Schlichtmann Attorneys for Plaintiff and the Class REED SMITH LLP

By:

/s/ David S. Reidy Attorneys for Defendants Bank of America, N.A., and Bank of America Corp.

By:

STIP. re: PLAINTIFF'S FILING OF OV ERLENG TH BR IEF ISO PLAINTIFF'S OPP. TO M TN. TO DISM ISS, Case No. CV 08-2705 JSW

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EXHIBIT B


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GILMUR R. MURRAY (SBN #111856) DEREK G. HOWARD (SBN #118082) SCOTT J. YUNDT (SBN #242595) MURRAY & HOWARD, LLP 436 - 14th Street, Suite 1413 Oakland, CA 94612 Telephone: (510) 444-2660 Facsimile: (510) 444-2522 [email protected] [email protected] [email protected] NIALL P. McCARTHY (SBN #160175) LAURA SCHLICHTMANN (SBN #169699) COTCHETT, PITRE & McCARTHY San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 [email protected] [email protected] UNITED STATES DISTRICT COURT NORTH ERN DISTRICT OF CALIFORNIA

ELLEN STOODY-BROSER, an Individual, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. BANK OF AMERICA, N.A., and BANK OF AMERICA CORPORATION, Defendants.

No. CV 08-2705 JSW CLASS ACTION [Proposed] ORDER APPROVING UNOPPOSED ADMINISTRATIVE MOTION FOR LEAVE TO FILE OVERLENGTH BRIEF IN SUPPORT OF PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS Date: October 31, 2008 Time: 9:00 a.m. Place: Courtroom 2, 17th Floor Honorable Jeffrey S. White

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[Proposed] ORDER APPRO VING UNOPPO SED ADM IN. M TN. FOR LEAVE TO FILE OVER LENGTH BRIEF ISO PLTF'S O PP. TO M TN. TO DISM ISS, Case No. CV 08-2705 JSW

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The Court having reviewed Plaintiff's Unopposed Administrative Motion for Leave to File Overlength Brief in Support of Plaintiff's Opposition to Motion to Dismiss, requesting leave of Court to file an opposition brief of not more than twenty pages of text (excluding the summary of argument), the reasons provided by Plaintiff in support of her administrative motion, and the parties' stipulation, and finding good cause for Plaintiff's motion, THE COURT HEREBY ORDERS that Plaintiff may file a brief of not more than twenty page of text, excluding the summary of argument, in opposition to Defendants' pending motion to dismiss. IT IS SO ORDERED.

DATED: ______________________ __________________________________ Hon. Jeffrey S. White United States District Judge

[Proposed] ORDER APPRO VING UNOPPO SED ADM IN. M TN. FOR LEAVE TO FILE OVER LENGTH BRIEF ISO PLTF'S O PP. TO M TN. TO DISM ISS, Case No. CV 08-2705 JSW

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