Indymac Federal Bank, FSB v. PMI Mortgage Insurance Co.

Filing 33

ORDER RE ADR PROCESS. Signed by Judge Alsup on December 3, 2008. (whalc1, COURT STAFF) (Filed on 12/3/2008)

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Case 3:08-cv-04303-WHA Document 31 Filed 12/02/2008 Page 1 of 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INDYMAC FEDERAL BANK, F.S.B., by the FDIC as Conservator, CASE NO. 08-CV-4303 WHA Plaintiff(s), v. PMI MORTGAGE INSURNCE CO., an Arizona corporation, STIPULATION AND (PROPOSED) ORDER SELECTING ADR PROCESS Defendant(s). Counsel report that they have met and conferred regarding ADR and have reached the following stipulation pursuant to Civil L.R. 16-8 and ADR L.R. 3-5: The parties agree to paricipate in the following ADR process: Court Processes: Non-binding Arbitration (ADR L.R. 4) Early Neutral Evaluation (ENE) (ADR L.R. 5) ,¡ Mediation (ADR L.R. 6) (Note: Parties who believe that an early settlement conference with a Magistrate Judge is appreciably more likely to meet their needs than any other form of ADR, must participate in an ADR phone conference and may not file this form. They must instead file a Notice of Need for ADR Phone Conference. See Civil Local Rule 16-8 and ADR L.R. 3-5) Private Process: Private ADR (please identif process and provider) The parties agree to hold the ADR session by: the presumptive deadline (The deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered. ) ,¡ other requested deadline No earlier than the court's summary adjudication and Defendant's motion to dismiss. Dated: 12/01/2008 on Plaintiffs motion for James Murray Attorney for Plaintiff Dated: 12/01/2008 . /S/ Douglas Winthrop Attorney for Defendant Case 3:08-cv-04303-WHA Document 31 Filed 12/02/2008 Page 2 of 3 ATTESTATION I, James Murray, am the ECF User whose identification and password are being used to fie this Stipulation and Proposed Order selecting ADR Process. I hereby attest that Douglas A. Winthrop has concured in this filing. Dated: 12/01/2008 DICKSTEIN SHAPIRO LLP By:-lS/ James Muray Attorneys for Plaintiff IndyMac Federal Ban, F.S.B., by the Federal Deposit Insurance Corporation as Conservator -2- Case 3:08-cv-04303-WHA Document 31 Filed 12/02/2008 Page 3 of 3 (PROPOSED) ORDER Pursuant to the Stipulation above, the captioned matter is hereby referred to: Non-binding Arbitration Early Neutral Evaluation (ENE) Mediation Private ADR Deadline for ADR session 90 days from the date of this order. other UNIT ED IT is SO ORDERED. Dated: December 3, 2008 S S DISTRICT TE C TA UNITED STATES DISTRICT ER H LI A FO Judge W illiam A lsup N F D IS T IC T O R C R NIA IT IS S O ORD ERED RT U O NO RT JUDGE

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