Free Motion for Miscellaneous Relief - District Court of California - California

Case 5:07-cv-05069-JW

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Filed 02/20/2008

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D ECHERT LLP
ATTORNEYS AT LAW SAN FRANCISCO

NICOLLE L. JACOBY (admitted pro hac vice) [email protected] OLIVIER P. STRAUCH (admitted pro hac vice) [email protected] DECHERT LLP 30 Rockefeller Plaza New York, NY 10112-2200 Telephone: 212.698.3500 Facsimile: 212.698.3599 H. JOSEPH ESCHER III (No. 85551) [email protected] FRANCE JAFFE (No. 217471) [email protected] DECHERT LLP One Maritime Plaza Suite 2300 San Francisco, CA 94111-3513 Telephone: 415.262.4500 Facsimile: 415.262.4555 Attorneys for Defendants AIG MATCHED FUNDING CORP., AIG FINANCIAL SECURITIES CORP., AIG FINANCIAL PRODUCTS CORP., AMERICAN INTERNATIONAL GROUP, INC., and BANQUE AIG

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

RICHARD T. THIERIOT, Plaintiff, v. AIG MATCHED FUNDING CORP., et al., Defendants.

Case No. C-07-05069 JW RS Action Filed: October 2, 2007 DEFENDANTS' MOTION TO CHANGE TIME RE INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES (N.D. Cal. Civ. L.R. 6-1(b), 6-3, 16-2(d)) Dep't: Judge: Courtroom 8, 4th Floor Honorable James Ware

DEFENDANTS' MOTION TO CHANGE TIME

C-07-05069 JW RS

Case 5:07-cv-05069-JW

Document 17

Filed 02/20/2008

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D ECHERT LLP
ATTORNEYS AT LAW SAN FRANCISCO

Defendants AIG Matched Funding Corp. ("AIG-MF"), AIG Financial Securities Corp. ("AIG-FS"), AIG Financial Products Corp. ("AIG-FP"), and American International Group, Inc. ("AIG, Inc."), and Banque AIG ("Banque") (collectively, "Defendants" or "AIG"), hereby request, pursuant to Northern District of California Civil Local Rules 6-1(b), 6-3 and 16-2(d) and this Court's Order Setting Initial Case Management Conference and ADR Deadlines (as modified on January 8, 2008), an order continuing the initial case management conference in this case and any associated deadlines for approximately two months, or until such a time as this Court has ruled upon Defendants' motion to dismiss plaintiff Richard T. Thieriot's ("Plaintiff's") claims. Defendants moved to dismiss Plaintiff's claims on a number of grounds, including that his fraud, unfair competition law and unjust enrichment claims all were time-barred by the applicable statutes of limitation. See generally Docket No. 13. In that motion, Defendants referred to and attached copies of Plaintiff's Petition for Redetermination, which asked the U.S. Tax Court to reverse the Internal Revenue Service's decision to disallow the tax benefits Plaintiff claimed for the March 2000 transactions that underlie his complaint in this action. See Docket No. 14 (Request for Judicial Notice in Support of Motion to Dismiss) Ex. 1. Plaintiff's U.S. Tax Court pleadings establish that at the very latest, the applicable statutes of limitation on his claims began running before July 8, 2004, and that all of his claims are time-barred. Defendants also moved to dismiss the three claims on other substantive grounds. Defendants noticed their motion for the first available hearing date of April 7, 2008. Because the initial case management conference (along with the associated deadlines for meeting and conferring regarding initial disclosures, for exchanging initial disclosures and for filing the joint case management statement) was set to occur before the April 7, 2008 hearing, Defendants met and conferred with Plaintiff's counsel to seek a stipulated request to continue the initial case management conference and associated deadlines until the motion to dismiss had been decided. See Declaration of Nicolle L. Jacoby ("Jacoby Decl.") ¶ 5 & Ex. A (email exchange between Jacoby and Jonak).
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DEFENDANTS' MOTION TO CHANGE TIME C-07-05069 JW RS

Case 5:07-cv-05069-JW

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Filed 02/20/2008

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D ECHERT LLP
ATTORNEYS AT LAW SAN FRANCISCO

Unless and until this Court determines that the claims can proceed as currently framed by Plaintiff, Defendants believe that meeting and conferring regarding the scope and amount of discovery or motion practice, or anticipated deadlines, would likely be a waste of both the parties' and the Court's resources as any agreement would likely be mooted or would likely need to be revisited after the Court's ruling on the motion to dismiss. Jacoby Decl. ¶ 3. Moreover, much of the basic information Plaintiff would obtain from the initial disclosures should be available in the U.S. Tax Court proceeding, and is either already in Plaintiff's possession or should easily be obtained by counsel. Id. ¶ 4. Plaintiff thus can proceed with his initial investigation without initial disclosures from Defendants. Id. Defendants filed the instant request as soon as Plaintiff's counsel declined to stipulate to the request for a continuance. The only prior scheduling modifications in this case consisted of stipulated extensions for Defendants to file responses to the complaint. Id. ¶ 6; see also Docket Nos. 5 and 10. Defendants' request will affect the case management schedule by continuing the pretrial deadlines this Court has already scheduled by approximately two months:

Current Deadline Last day to meet and confer re initial disclosures; last day to file ADR Certification Last day to complete initial disclosures; last day to file Joint Case Management Statement Initial Case Management Conference March 6, 2008

Proposed Deadline May 5, 2008

March 21, 2008

May 23, 2008

March 31, 2008

June 2, 2008

No other deadlines have been scheduled as the initial case management conference has not yet been held.

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DEFENDANTS' MOTION TO CHANGE TIME C-07-05069 JW RS

Case 5:07-cv-05069-JW

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Filed 02/20/2008

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D ECHERT LLP
ATTORNEYS AT LAW SAN FRANCISCO

The initial case management conference and all associated deadlines should be continued until such time as this Court has ruled upon Defendants' pending motion to dismiss.

Dated: February 20, 2008

NICOLLE L. JACOBY OLIVIER P. STRAUCH H. JOSEPH ESCHER III FRANCE JAFFE DECHERT LLP

By: /S/ FRANCE JAFFE Attorneys for Defendants AIG MATCHED FUNDING CORP., AIG FINANCIAL SECURITIES CORP., AIG FINANCIAL PRODUCTS CORP., AMERICAN INTERNATIONAL GROUP, INC., and BANQUE AIG

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DEFENDANTS' MOTION TO CHANGE TIME C-07-05069 JW RS