InvestorsHub Logo

WithCatz

11/03/11 1:06 PM

#4353 RE: goldcanyon341 #4345

WMI's reply due today (11/3)

Courtesy of Observer on Y! and GB {He pulled the docket text goldcanyon341 referenced}


CERTIFICATION OF COUNSEL REGARDING STIPULATION BETWEEN
PLAINTIFFS AND DEFENDANTS EXTENDING DEADLINE TO
RESPOND AND PAGE LIMIT FOR BRIEFS

The undersigned certify as follows:
1. We are counsel for Washington Mutual, Inc. ("WMI"), as debtor and debtor in possession, Charles Lillis, David Bonderman, James Stever, Margaret Osmer McQuade, Orin Smith, Phillip Matthews, Regina Montoya, Stephen Frank, Stephen Chazen, Thomas Leppert, William Reed, Jr., and Michael Murphy, the defendants in the above-captioned adversary proceeding (collectively, the "Defendants").

2. On October 14, 2011, Nantahala Capital Partners, LP, Blackwell Capital Partners, LLC, Axicon Partners, LLC, Brennus Fund Limited, Costa Brava Partnership III LP, and Sonterra Capital Master Fund, Ltd. (together, the "Plaintiffs"), filed the Post-Trial Memorandum of Law of Class-Plaintiffs [Docket No. 296] (the "Brief').

3. As discussed in Court on September 20, 2011 , the parties had agreed that the Defendants' deadline to file and serve their response to the Brief was October 28, 2011 and the Plaintiffs' deadline to file and serve their reply in further support of the Brief was November 11, 2011.

4. The parties now have agreed to extend: (i) Defendants' time to file and serve their response to the Brief to November 3, 2011; (ii) Defendants' page limit for their response to eighty (80) pages; (iii) Plaintiffs' time to file and serve their reply in further support of the Brief to November 17, 2011; and (iv) Plaintiffs' page limit for the Brief and reply in further support of the Brief together to not exceed eighty (80) pages. A copy of the parties' related stipulation (the
"Stipulation") is attached as Exhibit A to the proposed form of order attached hereto as Exhibit

l. WHEREFORE, Defendants respectfully request that the Court enter the proposed form of
order attached hereto as Exhibit 1 approving the Stipulation at its earliest convenience.

Dated: October 31, 2011
Wilmington, Delaware


10/31/2011 299
Certification of Counsel Regarding Stipulation Between Plaintiffs and Defendants Extending Deadline to Respond and Page Limit for Briefs Filed by Washington Mutual, Inc.. (Attachments: # 1 Exhibit 1) (Steele, Amanda) (Entered: 10/31/2011)

11/01/2011 300
Order Approving Stipulation Between Plaintiffs and Defendants Extending Deadline to Respond and Page Limit for Briefs (related document(s) 299 ) Order Signed on 11/1/2011. (Attachments: # 1 Exhibit A) (JDH) (Entered: 11/01/2011)

11/01/2011 301
Affidavit/Declaration of Service of Cathy Greer of Richards, Layton & Finger, P.A. Re: Order Approving Stipulation Between Plaintiffs and Defendants Extending Deadline to Respond and Page Limit for Briefs (related document(s) 300 ) Filed by Washington Mutual, Inc.. (Finocchiaro, Julie) (Entered: 11/01/2011)