Freedom Mortage Corporation v. Irwin Financial Corporation et al

Filing 40

ORDER CONTINUING CMC re 39 Stipulation filed by Irwin Mortage Coropration. Signed by Judge Maria-Elena James on 4/19/2010. (mejlc1, COURT STAFF) (Filed on 4/19/2010)

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DAVID J. BERGER [SBN 147645] [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] JENNY L. DIXON [SBN 192638] [e-mail] SOLOMON WARD SEIDENWURM & SMITH, LLP 401 B Street, Suite 1200 San Diego, California 92101 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Irwin Mortgage Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

FREEDOM MORTGAGE CORPORATION, Plaintiff, v. IRWIN FINANCIAL CORPORATION AND IRWIN MORTGAGE CORPORATION, Defendants.

CASE NO. C 09-01399 MEJ FOURTH STIPULATION AND ORDER TO EXTEND TIME IN WHICH DEFENDANT MUST FILE A RESPONSIVE PLEADING & CONTINUING CMC DATE AND RELATED DATES

P:00539562:90562.002

C 09-01399 MEJ FOURTH STIPULATION AND ORDER TO EXTEND TIME & CONTINUING CMC DATE

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WHEREAS, on June 17, 2009, pursuant to the parties' stipulation, the Court entered an order continuing various deadlines and the Case Management Conference in order for the parties to pursue settlement discussions; WHEREAS, on July 9, 2009, the parties mediated their disputes before JAMS and were scheduled to resume mediation on September 30, 2009; WHEREAS, on September 17, 2009, pursuant to the parties' stipulation filed on September 11, 2009, the Court entered an order continuing various deadlines and the Case Management Conference in order for the parties to attend the mediation and pursue settlement discussions; WHEREAS, Irwin Financial Corporation ("Debtor"), defendant in the abovecaptioned matter, filed a petition for relief under Chapter 7 of the United States Bankruptcy Code on September 18, 2009, resulting in an automatic stay in Debtor's favor pursuant to 11 U.S.C. § 362(a) and now has Chapter 7 Counsel, David M. Powlen, Barnes & Thornburg, LLP, 11 S Meridian St., Indianapolis, IN 46204-3506, [phone]; WHEREAS, on November 24, 2009, the National Arbitration Forum stayed arbitration proceedings that involve Freedom Mortgage Corporation ("Freedom") and two other subsidiaries of Debtor and issues related to this matter pending disposition in the Bankruptcy Court, and the arbitration is not expected to resume prior to the dates set forth below; WHEREAS, on January 19, 2010, the Court entered an order continuing various deadlines and the Case Management Conference in light of Debtor's bankruptcy and the need for defendant, Irwin Mortgage Corporation ("Irwin Mortgage"), a former indirect subsidiary of Debtor, to work through corporate and operational issues; WHEREAS, Irwin Mortgage is currently scheduled to file its responsive pleading on or before April 16, 2010; WHEREAS, the ADR Certification and Stipulation to ADR Process or Notice of Need for ADR Phone Conference ("ADR Material"), the Rule 26(f) Report, initial disclosures, and Case Management Statement are currently due May 6, 2010;

P:00539562:90562.002

-1C 09-01399 MEJ FOURTH STIPULATION AND ORDER TO EXTEND TIME & CONTINUING CMC DATE

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WHEREAS, the Initial Case Management Conference is currently scheduled for May 13, 2010 at 10:00 a.m.; WHEREAS, Freedom and Irwin Mortgage are in the process of evaluating the impact Debtor's bankruptcy has on this proceeding and other legal proceedings; WHEREAS, Freedom and Irwin Mortgage believe that good cause exists for a further continuance of the foregoing deadlines and Initial Case Management Conference; and NOW, THEREFORE, the parties, by and through their undersigned counsel of record, hereby agree and stipulate to the following: 1. Defendant Irwin Mortgage will file a responsive pleading on or before

June 25, 2010. 2. The Rule 26(f) Report, initial disclosures, Case Management Statement and

ADR Material will be served and/or filed on or before July 9, 2010. 3. The Initial Case Management Conference currently scheduled for

May 13, 2010 is hereby continued until July 16, 2010, or to such later date as may be ordered by the Court. DATED: April 16, 2010 BUTY & CURLIANO

By:

/s/ Jason C. Curliano JASON C. CURLIANO

ZUKERMAN GORE BRANDEIS & CROSSMAN, LLP JOHN K. CROSSMAN1 Attorneys for Plaintiff Freedom Mortgage Corporation

Application for admission pro hac vice pending.

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DATED: April 16, 2010

SOLOMON WARD SEIDENWURM & SMITH, LLP

By:

/s/ Jenny L. Dixon JENNY L. DIXON

WILSON SONSINI GOODRICH & ROSATI Professional Corporation DAVID J. BERGER Attorneys for Defendant Irwin Mortgage Corporation

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ORDER Based upon the above stipulation of the parties, and for good cause appearing therefor, IT IS HEREBY ORDERED THAT: 1. Defendant Irwin Mortgage Corporation will file a responsive pleading on or before June 25, 2010. 2. The Rule 26(f) Report, initial disclosures, Case Management Statement and ADR Material will be served and/or filed on or before July 9, 2010. 3. The Initial Case Management Conference currently scheduled for May 13, 2010 is 15 hereby continued until July 16, 2010, or to such later date as may be ordered by the Court.

April 19 DATED: ______________, 2010

______________________________________ Hon. Maria Elena James United States Magistrate Judge

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Jenny L. Dixon, attest that concurrence in the filing of this document has been obtained from Jason C. Curliano. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 16th day of April, 2010 at San Diego, California.

By: /s/ Jenny L. Dixon JENNY L. DIXON Attorneys for Defendant Irwin Mortgage Corporation

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CERTIFICATE OF SERVICE I caused the FOURTH STIPULATION AND ORDER TO EXTEND TIME IN WHICH DEFENDANTS MUST FILE A RESPONSIVE PLEADING & CONTINUING CMC DATE AND RELATED DATES to be served in the following manner: Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. Frank C. Welzer Zukerman Gore & Brandeis LLP 875 Third Avenue 28th Floor New York, NY 10022 212-223-6700 Fax: [phone] Email: [e-mail] John K. Crossman Zukerman Gore & Brandeis LLP 875 Third Avenue 28th Floor New York, NY 10022 212-223-6700 Fax: [phone] Email: [e-mail] David J. Berger Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-1050 650-493-9300 Fax: [phone] Email: [e-mail]

By: /s/ Jenny L. Dixon JENNY L. DIXON Attorneys for Defendant Irwin Mortgage Corporation

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