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Quesada v. Banc of America Inv. Servs. Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Oct 27, 2011
Case No. CV-11-1703-EMC (N.D. Cal. Oct. 27, 2011)

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


Summaries of

Quesada v. Banc of America Inv. Servs. Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Oct 27, 2011
Case No. CV-11-1703-EMC (N.D. Cal. Oct. 27, 2011)
Case details for

Quesada v. Banc of America Inv. Servs. Inc.

Case Details

Full title:ELWOOD QUESADA AND JAMES DeROSA and Others Similarly Situated, Plaintiffs…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Oct 27, 2011

Citations

Case No. CV-11-1703-EMC (N.D. Cal. Oct. 27, 2011)