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

Filing 37

STIPULATION and ORDER FOR RELIEF FROM SCHEDULING ORDER signed by Judge Frank C. Damrell, Jr. on 07/25/11 ORDERING that the following deadlines are EXTENDED: Discovery cutoff: 03/06/12; Designation of Expert Witnesses: 03/20/12; Rebuttal Expert Disclo sures: 04/10/12; Dispositive Motion cutoff: 07/13/12; Final Pretrial Conference CONTINUED to 09/14/12 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.; Jury Trial CONTINUED to 11/27/12 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell, Jr. (Benson, A.)

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Michael J. Strumwasser (SBN 58413)
Fredric D. Woocher (SBN 96689)
Jonathan D. Krop (SBN 263963)
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)
Jesse L. Miller (SBN 183229)
Christopher C. Foster (SBN 253839)
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 – SACRAMENTO DIVISION

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CALIFORNIA EARTHQUAKE AUTHORITY,

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Plaintiff,

No.: 2:10-CV-00291 FCD GGH
ORDER FOR RELIEF FROM
SCHEDULING ORDER

vs.
METROPOLITAN WEST SECURITIES, LLC;
WACHOVIA BANK, N.A.; and DOES 1 through
25,

Date action removed: February 4, 2010
Trial date: None set

Defendants.

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No.: 2:10-cv-0291 FCD GGH

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ORDER FOR RELIEF FROM SCHEDULING ORDER

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WHEREAS the Verified Complaint for Damages, Restitution, Rescission, and Civil

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Penalties (“Complaint”) in this Action was filed in Sacramento County Superior Court on December

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31, 2009;
WHEREAS, simultaneous with the filing of the Complaint, Plaintiff California Earthquake

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Authority filed a Motion to Disqualify Munger, Tolles & Olson LLP as counsel for Defendants

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Metropolitan West Securities, LLC and Wachovia Bank, N.A. (collectively “Wachovia”);
WHEREAS Plaintiff’s Motion to Disqualify was granted by this Court’s Order of May 5,

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2010;

REED SMITH LLP

WHEREAS this Court’s Order of May 5, 2010 stayed the Action for forty-five days to permit

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A limited liability partnership formed in the State of Delaware

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Wachovia to obtain new counsel and required the parties to submit a joint status (pretrial scheduling)

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conference statement within twenty days of the substitution of new counsel;

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WHEREAS this Court issued its Scheduling Order on August 3, 2010;

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WHEREAS the Parties propounded document requests on one another on February 15, 2011

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and February 25, 2011, respectively;
WHEREAS, since that time, the Parties have been engaged in an ongoing meet and confer

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regarding the scope of discovery, which has included extensive and time-consuming technical

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analysis that has taken longer than initially anticipated;

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WHEREAS the Parties are continuing to work towards such an agreement and anticipate that

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they will be able to reach such agreement that will substantially limit, if not eliminate, the necessity

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for court intervention in such party document discovery;

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WHEREAS, while the Parties have been working diligently towards reaching such a

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stipulation, Mr. Strumwasser, lead trial counsel for Plaintiff has been serving as lead trial counsel in

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an administrative hearing continuously since December 2009, and that has had an unanticipated

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impact on the timing of the Parties’ stipulation;

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WHEREAS the Parties mediated this case on multiple occasions prior to the filing of this
lawsuit;
WHEREAS the Parties are of the belief that further mediation may be of benefit to the
Parties in reaching resolution of this action;
No.: 2:10-cv-0291 FCD GGH

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ORDER FOR RELIEF FROM SCHEDULING ORDER

WHEREAS the Parties are working towards agreement on when such mediation would be

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

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Earthquake Authority and Defendants Metropolitan West Securities LLC and Wachovia Bank,

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N.A., through the undersigned counsel, to jointly request relief from the present Scheduling Order in

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this case, and request that the presently scheduled dates be moved as followed, or in accordance with

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such schedule as the Court may allow:

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Present Schedule

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Jointly Requested Schedule

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Discovery Cut-Off

September 6, 2011

March 6, 2012

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Expert Witness Disclosures

September 20, 2011

March 20, 2012

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Rebuttal Expert Disclosures

October 11, 2011

April 10, 2012

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Expert Discovery Cut-Off

November 10, 2011

May 10, 2012

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Dispositive Motion Cut-Off

January 13, 2012

July 13, 2012

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Final Pre-Trial Conference

March 16, 2012

September 14, 2012, at 2:00

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p.m.

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Jury Trial

May 22, 2012

November 27, 2012, at 9:00

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a.m.

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No.: 2:10-cv-0291 FCD GGH

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ORDER FOR RELIEF FROM SCHEDULING ORDER

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IT IS SO STIPULATED:

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DATED: July 22, 2011.

REED SMITH LLP

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By

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/s/
David C. Powell
Jesse L. Miller
Christopher C. Foster
Attorneys for Defendants Metropolitan West
Securities, LLC and Wachovia Bank, N.A.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DATED: July 22, 2011

STRUMWASSER & WOOCHER LLP

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By______/s/__________________________________
Michael J. Strumwasser
Fredric D. Woocher
Jonathan D. Krop
Attorneys for Plaintiff California Earthquake
Authority

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IT IS SO ORDERED:

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DATED: July 25, 2011

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_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE

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No.: 2:10-cv-0291 FCD GGH

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ORDER FOR RELIEF FROM SCHEDULING ORDER