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STIPULATION RE STATUS CONFERENCE AND ORDER THEREON

PATRICK J. FOLAN (STATE BAR #125340)

ST. JOHN, WALLACE, BRENNAN & FOLAN LLP

21515 Hawthorne Boulevard, Suite 1120

Torrance, California 90503-6504

Telephone: (310) 792-1075

Facsimile: (310) 792-0635

Attorneys for Plaintiff

Morgan Stanley DW Inc.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO

Morgan Stanley DW Inc., 

a corporation,

 

Plaintiff,

v.

Steven Liaty, an individual; and Walter

McCurdy, an individual,

Defendants.

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CASE NO. CIV. S-04-2069 WBS DAD

STIPULATION RE: STATUS

CONFERENCE AND ORDER

THEREON

Plaintiff Morgan Stanley DW Inc. (“Morgan Stanley”) and defendants Steven Liaty (“Liaty”)

and Walter McCurdy (“McCurdy”), by and through their counsel of record, hereby stipulate and

agree as follows:

1. On October 1, 2004 Morgan Stanley filed an action against Liaty and McCurdy at

which time pursuant to the Order Setting Status Conference the Court Ordered

Morgan Stanley and Liaty and McCurdy to confer and develop a proposed discovery

plan, file a Joint Status Report no later than December 20, 2004 and further set a

Status Conference for January 3, 2005 at 9:00 a.m. in Courtroom 5. 

2. On October 4, 2004 the Court entered an Order against Liaty and McCurdy which

provides, inter alia, that “the parties are directed to proceed toward expedited

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STIPULATION RE STATUS CONFERENCE AND ORDER THEREON

arbitration”;

3. The matter is now in arbitration before the NASD;

4. Morgan Stanley and Liaty and McCurdy wish to avoid the expense and the judicial

time associated with compliance with the Court’s Order Setting Status Conference

and pursuant to a signed stipulation between the parties, on December 15, 2004 the

Court ordered the Status Conference set for January 3, 2005 continued until May 9,

2005;

5. Pursuant to a signed stipulation between the parties, on April 14, 2005 the Court

ordered the Status Conference set for May 9, 2005 continued until August 15, 2005;

and

6. The Court continues to have subject matter jurisdiction over this action.

Morgan Stanley, Liaty and McCurdy again request that the Status Conference set for August

15, 2005 be continued to November 21, 2005 at 9:00 a.m., as well as all corresponding dates as

described in the Order Setting Status Conference. 

SO STIPULATED:

DATED: July ___, 2005 ST. JOHN, WALLACE, BRENNAN

& FOLAN LLP

By: /s/ Patrick J. Folan 

Patrick J. Folan 

Attorneys for Plaintiff

Morgan Stanley DW Inc.

DATED: July ___, 2005 MCDONOUGH, HOLLAND & ALLEN

By: (see attached scanned signature) 

Susan L. Schoenig

Attorneys for Defendants

Steven Liaty and Walter McCurdy 

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STIPULATION RE STATUS CONFERENCE AND ORDER THEREON

 IT IS HEREBY ORDERED that the Status Conference set for August 15, 2005 is

continued to November 21, 2005 at 9:00 a.m. and the corresponding dates as described in the Order

Setting Status Conference are continued. 

IT IS SO ORDERED

Dated: July 27, 2005

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