Federal Deposit Insurance Corporation as Receiver for IndyMac Bank, F.S.B. v. Anderson et al

Filing 35

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/29/12 ORDERING that pursuant to the parties request modification of the scheduling order as follows: Initial Expert Witness Disclosure due by 4/13/12; Contradiction and/or Rebuttal Expert Disclosure due by 5/11/12; Discovery closure due by 6/29/12. (Becknal, R)

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MARK S. TRATTEN (SBN 119330)
ERICKSEN ARBUTHNOT
100 Howe Avenue, Suite 110 South
Sacramento, CA 95825
[phone]
Attorneys for defendants, MELANIE ANDERSON,
an individual, and MELANIE ANDERSON dba
COTTAGE CREEK APPRAISALS

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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FEDERAL DEPOSIT INSURANCE
) Case No.: 2:11-CV-01061-GEB-EFB
CORPORATION as Receiver for INDYMAC )
BANK, F.S.B.,
) STIPULATION AND PROPOSED ORDER
) TO MODIFY SCHEDULING ORDER
Plaintiff,
)
v.
)
)
MELANIE ANDERSON, an Individual,
)
MELANIE ANDERSON dba COTTAGE
)
CREEK APPRAISALS, and DOES 1 through )
40, inclusive,
)
)
Defendants.
)
)
STIPULATION

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The parties, plaintiff, FEDERAL DEPOSIT INSURANCE CORPORATION as
Receiver for INDYMAC BANK, F.S.B., and defendant, MELANIE ANDERSON, an

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individual, and MELANIE ANDERSON dba COTTAGE CREEK APPRAISALS, by and

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Stipulation to Modify Scheduling Order and Proposed Order
FDIC/11-100/mstpld.001

Page 1

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through their respective attorneys of record, hereby stipulate and agree to modify the Status
Pretrial Scheduling Order in this matter to extend expert disclosure and discovery cutoff dates.
1.

On December 27, 2011, the defendants filed their Second Amended Answer. In

the Second Amended Answer, defendants modified their affirmative defense of comparative
fault with respect to Indymac’s loan underwriting practices, specifically alleging that they were

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“preposterous and irrational”. The last day for plaintiffs to file a motion to strike the Second

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Amended Answer expired on January 17, 2012.

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2.

Defendants have since retained an underwriting expert to prepare a report

pertaining to Indymac’s underwriting of the loan and its impact with respect to the elements of

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plaintiff’s cause of action for negligent misrepresentation.

Specifically, the elements of

reliance, causation and damages.
3.

Defendants’ underwriting expert has not yet completed his review and report

but anticipates completion by 4/13/12.

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4.

The parties have otherwise agreed to a private Mediation and are attempting to

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schedule a Mediation with Don Person of JAMS between 5/28/12 and 6/8/12.
5.

The parties request modification of the scheduling order as follows:

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Pretrial Event

Current Deadline

Requested Deadline

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Initial Expert Witness
Disclosure
Contradictory and/or Rebuttal
Expert Disclosure
Discovery Closure

3/28/2012

4/13/2012

4/30/2012

5/11/2012

5/28/2012

6/29/2012

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Stipulation to Modify Scheduling Order and Proposed Order
FDIC/11-100/mstpld.001

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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

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DATED: March 28, 2012
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ERICKSEN ARBUTHNOT

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BY: ___/S/ Mark S. Tratten_____
MARK S. TRATTEN
Attorneys for defendants,
MELANIE ANDERSON, an
Individual, and MELANIE
ANDERSON dba COTTAGE
CREEK APPRAISALS

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DATED: March 28, 2012

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GCA LAW PARTNERSHIP, LLC

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By: __/S/Susan D. Condon____________
SUSAN D. CONDON
Attorneys for Plaintiff,
FEDERAL DEPOSIT INSURANCE
COMPANY as receiver for
INDYMAC BANK, F.S.B.

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED 3/29/12

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GARLAND E. BURRELL, JR.
United States District Judge

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Stipulation to Modify Scheduling Order and Proposed Order
FDIC/11-100/mstpld.001

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