Williams v. Washington Mutual Bank

Filing 44

ORDER signed by Judge William B. Shubb on 11/30/09 ORDERING that Williams, FDIC, and Chase shall submit individual opening briefs by 12/09/09; each party may then file a responsive brief by 12/16/09; and oral argument is set for 2:00 p.m. on 12/21/09. (Benson, A.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Washington Mutual Bank, Defendant. / ----oo0oo---The above-captioned matter is before the court on a limited remand from the Ninth Circuit to determine "which party, Chase or the FDIC, is the proper successor to Washington Mutual in this case." After considering the parties' suggestions, the ELVIS WILLIAMS, an individual, on behalf of himself and others similarly situated, Plaintiff, NO. CIV. 2:07-2418 WBS GGH ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo----

court finds that an expedited briefing schedule with separate briefs from plaintiff Elvis Williams, defendant Federal Deposit Insurance Corporation ("FDIC"), and real-party-in-interest Chase Bank USA, N.A. ("Chase") will best address the issue before the 1

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court.1 IT IS THEREFORE ORDERED that Williams, FDIC, and Chase shall submit individual opening briefs no later than December 9, 2009; each party may then file a responsive brief no later than December 16, 2009; and oral argument is set for 2:00 p.m. on December 21, 2009. IT IS SO ORDERED. DATED: November 30, 2009

Although the Ninth Circuit's Order remanding this action is dated September 15, 2009, the court has yet to receive formal notice of the Ninth Circuit's limited remand. In fact, the court did not learn about the Ninth Circuit's September 15, 2009 Order until an individual from the Ninth Circuit contacted the court in early November 2009 to inquire why the court had not taken action. The court will thus schedule an expedited hearing to ensure that the issue before the court on remand is resolved as promptly as possible. 2

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