California Earthquake Authority v. Metropolitan West Securities LLC, et al

Filing 126

ORDER signed by Chief Judge Morrison C. England, Jr. on 1/22/2013 GRANTING parties' 125 Joint Motion for relief from 85 Scheduling Order. Disclosure of Expert Witnesses is now due 5/1/2013. Supplemental Disclosure to be submitted by 5/28/2013. The last day to hear Dispositive Motions shall be on 9/5/2013. (Marciel, M)

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Michael J. Strumwasser (SBN 58413)
Fredric D. Woocher (SBN 96689)
Patricia T. Pei (SBN 274957)
STRUMWASSER & WOOCHER LLP
10940 Wilshire Boulevard, Suite 2000
Los Angeles, California 90024
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
CALIFORNIA EARTHQUAKE AUTHORITY

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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David C. Powell (SBN 129781)
David S. Reidy (SBN 225904)
Jennifer R. Fearnow (SBN 246007)
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
METROPOLITAN WEST SECURITIES, LLC
and WELLS FARGO BANK, N.A., successor
by merger to WACHOVIA BANK, N.A.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA EARTHQUAKE AUTHORITY,

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Plaintiff,
vs.
METROPOLITAN WEST SECURITIES, LLC;
WACHOVIA BANK, N.A.; and DOES 1 through
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No.: 2:10-CV-00291 MCE (GGH)
JOINT REQUEST FOR RELIEF FROM
COURT’S SCHEDULING ORDER AND
[ORDER
Date action removed: February 4, 2010
Trial date: January 13, 2014

Defendants.

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No.: 2:10-CV-00291 MCE (GGH)
–1–
JOINT REQUEST FOR RELIEF FROM COURT’S SCHEDULING ORDER AND ORDER
US_ACTIVE-111632248.1-JRFEARNO

WHEREAS on December 31, 2009, Plaintiff California Earthquake Authority (“Plaintiff”)

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filed its Verified Complaint in this Action.

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WHEREAS Defendants Metropolitan West Securities, LLC and Wells Fargo Bank, N.A.,

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successor by merger to Wachovia Bank N.A. (“Defendants”) removed this action on February 4,

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2010;

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WHEREAS this Court issued a Scheduling Order on August 3, 2010 (see Docket No. 33);

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WHEREAS on July 22, 2011, the Parties jointly requested relief from the Court’s Scheduling

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Order (see Docket No. 36);

REED SMITH LLP

WHEREAS on July 25, 2011, Judge Frank C. Damrell, Jr. issued a Scheduling Order in this

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A limited liability partnership formed in the State of Delaware

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case providing that that disclosure of expert witnesses is due by March 20, 2012, a supplemental list

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of expert witnesses is due by April 10, 2012, expert discovery cut-off is May 10, 2012, and the last

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day to hear dispositive motions shall be July 13, 2012 (see Docket No. 37);

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WHEREAS on August 31, 2011, the action was reassigned to Judge Morrison C. England, Jr.
(see Docket No. 38);

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WHEREAS on October 24, 2011, this Court issued an Amended Pretrial Scheduling Order

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providing that that disclosure of expert witnesses is due by September 13, 2012, and the last day to

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hear dispositive motions shall be January 10, 2013 (see Docket No. 39);

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WHEREAS on March 21, 2012, the Parties further jointly requested relief from the Court’s
Scheduling Order (see Docket No. 42);
WHEREAS on March 27, 2012, this Court issued a Second Amended Pretrial Scheduling

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Order providing that disclosure of expert witnesses is due by February 7, 2013, a supplemental list of

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expert witnesses is due by February 27, 2013, and the last day to hear dispositive motions shall be

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June 13, 2013 (see Docket No. 46);

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WHEREAS on October 24, 2012, this Court issued an Order Continuing Trial. The October
7, 2013 jury trial date was vacated and continued to January 13, 2014. (see Docket No. 85);

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WHEREAS fact discovery closed on December 3, 2012;

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WHEREAS the Parties desire to mediate the case to explore settlement, and anticipate

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attending mediation in March 2013;
No.: 2:10-CV-00291 MCE (GGH)
–2–
JOINT REQUEST FOR RELIEF FROM COURT’S SCHEDULING ORDER AND ORDER

WHEREAS the Parties believe that an adjustment to the Second Amended Pretrial

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Scheduling Order would permit them to focus their efforts on mediation;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff California

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Earthquake Authority and Defendants Metropolitan West Securities LLC and Wells Fargo Bank,

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N.A., successor by merger to Wachovia Bank, N.A., through the undersigned counsel, to jointly

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request relief from the Second Amended Pretrial Scheduling Order in this case, and request that the

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presently scheduled dates be moved as followed, or in accordance with such schedule as the Court

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may allow:

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Present Schedule

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Expert Witness
Disclosure/Report
Supplemental
Disclosure/Report
Last Day to Hear Dispositive
Motion

Jointly Requested Schedule

February 7, 2013

May 1, 2013

February 27, 2013

May 28, 2013

June 13, 2013

September 5, 20131

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IT IS SO STIPULATED:

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DATED: January 9, 2013

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REED SMITH LLP

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By

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///

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/s/ David S. Reidy
David S. Reidy
Attorneys for Defendants
Metropolitan West Securities, LLC and Wells Fargo
Bank, N.A., successor by merger to Wachovia
Bank, N.A.

///

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1 Parties to comply with the filing schedule outlined in this Court’s Second Amended Pretrial

Scheduling Order (Docket No. 46, p. 4).

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No.: 2:10-CV-00291 MCE (GGH)
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JOINT REQUEST FOR RELIEF FROM COURT’S SCHEDULING ORDER AND ORDER

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DATED: January 9, 2013

STRUMWASSER & WOOCHER LLP

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By

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/s/ Michael J. Strumwasser
Michael J. Strumwasser
Attorneys for Plaintiff
California Earthquake Authority

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IT IS SO ORDERED:

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Dated: January 22, 2013
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_________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DEAC_Signature-END:

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c4d6b0d3

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No.: 2:10-CV-00291 MCE (GGH)
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JOINT REQUEST FOR RELIEF FROM COURT’S SCHEDULING ORDER AND ORDER