Federal Deposit Insurance Corporation v. Varrasso et al

Filing 88

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/30/22013 ORDERING 87 Last day to move to amend pleadings due by 7/31/2013; Last day to move to join additional parties 7/31/2013; Designation of Expert Witnesses due by 8/13/2013 ; Rebuttal Expert Report 9/10/2013; Discovery due by 10/29/2013; Dispositive Motions filed by 12/2/2013; Final Pretrial Conference set for 1/21/2014 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Jury Trial set for 3/25/2014 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO

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FEDERAL DEPOSIT INSURANCE
CORPORATION as Receiver for
INDYMAC BANK, F.S.B.,

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Plaintiff,

Case No. CIV. 2:11-2628 WBS CKD
STIPULATION AND PROPOSED
ORDER TO MODIFY
SCHEDULING ORDER; ORDER
[PROPOSED]

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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,

Honorable William B. Shubb
Trial: April 16, 2013

Defendants.

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STIPULATION
The parties, by and through their counsel of record, hereby stipulate

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and seek an order modifying this Court’s Pretrial Scheduling Order in light

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of the following circumstances: (1) this Court’s Order granting Defendants’

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Motion for Leave to File a Third Party Complaint and providing until
March 3, 2013 to serve the third party defendants (Document 68); (2) the
Stipulation to Modify Scheduling Order; Order [Proposed]
Case No. CIV. 2:11-2628 WBS CKD

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delay in the issuance of the summonses with the filing of the Third Party
Complaint of Defendant Premier Valley, Inc.; (3) the recent appearance of
Third Party Defendants Josie Rich, Sophie Reisiyannejad and Emmanuel
Kim; and (4) the anticipated appearances of additional third party
defendants served with this action. At present, the final pretrial conference
is scheduled for February 19, 2013 and trial is scheduled to commence on
April 16, 2013.
The parties have agreed that additional time is necessary to conduct

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discovery before trial. The parties therefore seek trial and related deadlines

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scheduled based upon a 10 month trial continuance to February 10, 2014.

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Such a continuance would allow for adequate time for the newly added

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parties to receive, review and analyze the parties’ initial and supplemental

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Rule 26 disclosures, all previous discovery requests and responses, all

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previously produced documents, and all deposition transcripts, evaluate the

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facts and law for purposes of trial and settlement, add any necessary

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additional parties, conduct necessary discovery, including written discovery

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and percipient witness depositions, retain and depose experts, file any

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dispositive motions, and prepare for trial.

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Therefore, the parties hereby stipulate and respectfully request that
the Court modify its current Scheduling Order as proposed below.

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Event

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Discovery & Pleading

Proposed Date

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Initial Rule 26 (a) Disclosures by

Within 30 days of receipt of

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New Parties and Production of Prior

Supplemental Rule 26 (d) and (e)

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Discovery

Disclosure by Third Party Plaintiff and

Stipulation to Modify Scheduling Order; Order [Proposed]
Case No. CIV. 2:11-2628 WBS CKD

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all prior discovery, including deposition
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transcripts
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Meet & Confer re Discovery Plan

Within 14 days after Initial Rule 26 (a)

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Disclosures by New Parties and
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Production of Prior Discovery
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Last Day to move to Amend

July 31, 2013

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Pleadings
Last Day to move to Join Additional
Parties
Expert Disclosures & Discovery
Opening Expert Reports

August 13, 2013

Rebuttal Expert Reports

September 10, 2013

Expert Discovery Cut-Off

October 29, 2013

Dispositive Motions

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July 31, 2013

Last Day for Hearing on Dispositive

December 2, 2013

Motions, if any
Trial

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Final Pretrial Conference

January 21, 2014 at 2:00 p.m.

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Jury Trial

March 25, 2014 at 9:00 a.m.

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IT IS HEREBY ORDERED: The Court adopts the trial date and related

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deadlines as set forth above and modifies its Scheduling Order in accordance

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therewith.

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Stipulation to Modify Scheduling Order; Order [Proposed]
Case No. CIV. 2:11-2628 WBS CKD

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IT IS SO STIPULATED.

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DATED: January 28, 2013

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GCA LAW PARTNERS LLP
By: __/s/ Susan Condon________
SUSAN CONDON
Attorney for Plaintiff FEDERAL
DEPOSIT INSURANCE
CORPORATION as RECEIVER for
INDYMAC BANK, F.S.B.
(as Authorized on January 28, 2013)

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DATED: January 28, 2013

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TRIEBSCH & FRAMPTON
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 January 28, 2013)

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DATED: January 28, 2013

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Richard Varrasso

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By: __/s/ Richard Varrasso______
Appearing Pro Se

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(as Authorized on January 28, 2013)

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DATED: January 30, 2013

Emmanuel Kim

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By: __/s/ Emmanuel Kim_______
Appearing Pro Se

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(as Authorized on January 30, 2013)

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Stipulation to Modify Scheduling Order; Order [Proposed]
Case No. CIV. 2:11-2628 WBS CKD

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DATED: January 28, 2013

LAW OFFICES OF S. MIYAKE

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By: __/s/ Steven S. Miyake______
Steven S. Miyake
Attorneys for Defendant
JOSIE RICH
(as Authorized on January 28, 2013)

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DATED: January 28, 2013

WEYAND LAW FIRM, A
Professional Corporation

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By: __/s/ Alexander M. Weyand__
Alexander M. Weyand
Attorneys for Defendant
SOPHIE REISIYANNEJAD
(as Authorized on January 28, 2013)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: January 30, 2013

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Stipulation to Modify Scheduling Order; Order [Proposed]
Case No. CIV. 2:11-2628 WBS CKD

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