Federal Deposit Insurance Corporation v. Varrasso et al

Filing 123

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/9/2013 ORDERING that the Court GRANTS the parties' request to continue the deadline to complete discovery to 1/20/2014. (Zignago, K.)

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1 2 3 4 5 6 7 8 SUSAN D. CONDON (State Bar No. 143417) scondon@gcalaw.com VALERIE M. WAGNER (State Bar No. 173146) vwagner@gcalaw.com GCA LAW PARTNERS LLP 2570 W. El Camino Real, Suite 510 Mountain View, CA 94043 Telephone: (650) 428-3900 Facsimile: (650) 428-3901 Attorneys for FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B. 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO 12 13 14 FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B., Plaintiff, 15 16 17 18 19 20 21 22 vs. RICHARD K. VARRASSO dba Richard Varrasso and Associates and AppraisalTrust.com, an individual; PREMIER VALLEY, INC. dba CENTURY 21 M&M ASSOCIATES, a California corporation; and KAREN BHATTI, an individual, Case No. CIV. 2:11-2628 WBS CKD STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER Honorable William Shubb Trial: March 25, 2014 Defendants, And Related Cross-Actions 23 24 25 STIPULATION 26 Pursuant to this Court’s Order regarding the scheduling of the above- 27 referenced action, (Docket No. 88 dated January 31, 2013), the final pretrial 28 conference is scheduled for January 21, 2014 with a final pretrial statement due GCA Law Partners LLP 2570 W. El Camino Real Suite 510 Mountain View, CA 94040 (650)428-3900 Stipulation to Extend Deadlines Case No. CIV. 2:11-2628 WBS CKD 1 1 on January 8, 2014, and the trial is scheduled for March 25, 2014. On October 2 22, 2013 (Docket No. 119), this Court agreed to extend the discovery deadline to 3 December 20, 2013 so that the parties could engage in settlement discussions. 4 On November 26, 2013, Plaintiff FDIC as Receiver for IndyMac Bank, F.S.A. 5 (“FDIC-R”) and Defendants Karen Bhatti, Premier Valley dba Century 21 6 M&M, Richard Varrasso, and Cross-Defendant Emmanuel Kim attended a 7 mediation conducted by Brad Benning. While the parties have not yet settled the 8 case, sufficient progress was made to schedule a second mediation on December 9 23, 2013. 10 11 12 13 14 15 16 17 18 In light of the foregoing, the Parties desire to again continue the discovery deadline an additional 30 days to January 20, 2014 in order to allow the parties to mediate on December 23, 2013 and complete discovery afterwards, if necessary. Given that the final pretrial statement is due on January 7, 2014 and the final pretrial conference is scheduled for February 21, 2014, the parties also desire a continuance of the final pretrial conference an additional few weeks, to a date available on the Court’s calendar. Should the Court find it necessary to continue the trial a brief time, the parties are likewise amenable. Therefore, the parties1 hereby stipulate and respectfully seek leave of 19 20 21 22 Court to continue the deadline to complete discovery to January 20, 2014, to allow the parties to mediate the case and complete discovery as necessary, as well as continue the final pretrial conference. IT IS SO STIPULATED. 23 24 25 DATED: December 4, 2013 GCA LAW PARTNERS LLP By:___/s/ Susan Condon__________ 26 27 1 28 GCA Law Partners LLP 2570 W. El Camino Real Suite 510 Mountain View, CA 94040 (650)428-3900 We are advised by the husband of Cross-Defendant Sophie Reisiyannejad that she remains out of the country and therefore is not available to stipulate. Further, Defendant Josie Rich has filed a notice of bankruptcy and therefore she has not been party to the settlement discussions or this stipulation. Stipulation to Extend Deadlines Case No. CIV. 2:11-2628 WBS CKD 2 1 SUSAN CONDON Attorney for Plaintiff FEDERAL DEPOSIT INSURANCE CORPORATION as RECEIVER for INDYMAC BANK, F.S.B. 2 3 4 5 DATED: December 4, 2013 TRIEBSCH & FRAMPTON 6 By:___/s/ Cory B. Chartrand_____ CORY B. CHARTRAND Attorneys for Defendants, PREMIER VALLEY, INC., DBA CENTURY 21 M&M AND ASSOCIATES, and KAREN BHATTI (as Authorized on December 3, 2013) 7 8 9 10 11 12 DATED: December 4, 2013 Richard Varrasso 13 By:___/s/ Richard Varrasso_____ Appearing Pro Se 14 15 (as Authorized on December 3, 2013) 16 17 18 DATED: December 4, 2013 19 By:___/s/ Emmanuel Kim______ Appearing Pro Se (as Authorized on December 3, 2013) 20 21 22 DATED: 23 By: Please see Footnote 1_ Appearing Pro Se 24 25 26 SOPHIE REISIYANNEJAD PURSUANT TO STIPULATION, IT IS SO ORDERED. The Court hereby grants the parties’ request to continue the deadline 27 to complete discovery to January 20, 2014, to allow the parties to mediate 28 the case and complete discovery as necessary. GCA Law Partners LLP 2570 W. El Camino Real Suite 510 Mountain View, CA 94040 (650)428-3900 Stipulation to Extend Deadlines Case No. CIV. 2:11-2628 WBS CKD 3 1 The parties are advised, however, that the pretrial conference date 2 cannot be continued in the absence of a continuation of the trial date. A 3 separate request must be made to the District Judge assigned to this action 4 should the parties desire a continuance of the final pretrial conference. 5 6 Dated: December 9, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GCA Law Partners LLP 2570 W. El Camino Real Suite 510 Mountain View, CA 94040 (650)428-3900 Stipulation to Extend Deadlines Case No. CIV. 2:11-2628 WBS CKD 4

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