Whitehurst et al v. Bank of America Corporation et al

Filing 36

****DISREGARD - SEE AMENDED ORDER CORRECTING FINAL PRETRIAL AND TRIAL DATES - DOCKET NO. 37**** ORDER by Magistrate Judge Maria-Elena James granting 35 Stipulation Setting Revised Case Management Order. (rmm2S, COURT STAFF) (Filed on 1/9/2013) Modified on 1/9/2013 (rmm2S, COURT STAFF).

1 Todd O. Maiden (SBN 123524)
Email: [e-mail]
2 Phillip H. Babich (SBN 269577)
Email: [e-mail]
3 REED SMITH LLP
101 Second Street, Suite 1800
4 San Francisco, CA 94105
Telephone:
[phone]
[phone]
5 Facsimile:
6 Attorneys for Defendant/Crossclaimant
Bank of America, National Association
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NORTHERN DISTRICT OF CALIFORNIA

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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SAN FRANCISCO DIVISION

11 RICHARD G. WHITEHURST and LORRAINE
D. WHITEHURST, as individuals and as trustees
12 of the Whitehurst Family Trust,
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Plaintiffs,

No.: C 09-04808 MEJ
STIPULATION AND [PROPOSED]
ORDER SETTING REVISED CASE
MANAGEMENT ORDER

vs.

15 BANK OF AMERICA, NATIONAL
ASSOCIATION, a national banking corporation;
16 CHARLOTTE A. HEINL, as an individual dba
Norge Cleaners; and DOES 1 through 100,
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Defendants.
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BANK OF AMERICA, NATIONAL
19 ASSOCIATION, a national banking corporation,
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Counterclaimant,
vs.

22 RICHARD G. WHITEHURST and LORRAINE
D. WHITEHURST, as individuals and as trustees
23 of the Whitehurst Family Trust; and ROES 1
through 100,
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Counterdefendants.
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C09-04808 MEJ

–1–

STIPULATION AND [PROPOSED] ORDER SETTING REVISED CASE MANAGEMENT ORDER

1 BANK OF AMERICA, NATIONAL
ASSOCIATION, a national banking corporation,
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Crossclaimant,
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vs.
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CHARLOTTE A. HEINL; and ZOES 1 through
5 100,
Crossdefendants.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Because further environmental investigation of Plaintiffs’ property and the site is necessary
in order to determine the extent and costs of environmental clean-up at the site, for which the parties
continue to identify funding sources, including insurance coverage, and due to the fact that the
investigatory work will require approximately 90 days once the work commences, following which
the parties will need one to two months to assess the results and conduct settlement talks, Plaintiffs
Richard G. Whitehurst and Lorraine D. Whitehurst, as individuals and as trustees of the Whitehurst
Family Trust, and Defendants Bank of America, National Association and Charlotte A. Heinl, as an
individual and doing business as Norge Cleaners, stipulate to amending the Court’s August 14, 2012
Order Granting Stipulation and Order Setting Revised Case Management Order (attached as Exhibit
A) as follows, and respectfully request that the Court approve the same:

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Event

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Operative CMO
(8/14/2012)

Proposed
Deadlines

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Disclosure of Expert Witnesses

4/5/2013

9/3/2013

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Rebuttal Expert Witnesses

4/26/2013

9/23/2013

Close of Discovery

5/31/2013

10/28/2013

6/21/2013

11/18/2013

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File, Serve, and Notice Dispositive
Motions

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Last Day for Hearing on Dispositive
Motions

8/1/2013

1/9/2014

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Meet and Confer and Exchange Trial
Papers

9/6/2013

2/3/2014

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File papers (per FRCP 26(a)(3) and
joint pretrial conference statement

9/20/2013

2/17/2014

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Motions in limine – filed

9/20/2013

2/17/2014

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Motions in limine – oppositions

9/27/2013

2/24/2014

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File Trial Briefs

10/4/2013

3/3/2014

C09-04808 MEJ

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STIPULATION AND [PROPOSED] ORDER SETTING REVISED CASE MANAGEMENT ORDER

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File Joint Proposed and Disputed
Voir Dire Questions

10/4/2013

3/3/2014

File Joint set of additional proposed
jury instructions

10/4/2013

3/3/2014

Proposed Verdict forms

10/4/2013

3/3/2014

Pretrial Conference

10/10/2013

3/6/2014

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Final Pretrial Conference

10/31/2013

3/20/2014

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Trial Date

11/4/2013

3/24/2014

3/27/2013
3/31/2013

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WHEREFORE, Plaintiffs and Defendants stipulate to and respectfully request that this Court
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amend the existing Case Management Order to incorporate the dates proposed above, while all other
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facets of the Court’s existing Case Management Order shall remain in effect. (A revised Case

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Management Order is attached as Exhibit B.)
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12 Dated: January 8, 2013.
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PALADIN LAW GROUP
By:

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/s/ John R. Till
John R.Till
Bret A. Stone
Brian R. Paget
Attorneys for Plaintiffs/Counter Defendants
Richard and Lorraine Whitehurst

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18 Dated: January 8, 2013.
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WOOD, SMITH, HENNING, BERMAN LLP
By:

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/s/ David F. Wood
David F. Wood
Matthew O. Kovacs
Attorneys for Plaintiffs/Counter Defendants
Richard and Lorraine Whitehurst

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23 Dated: January 8, 2013.
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REED SMITH LLP
By:

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/s/ Todd. O. Maiden
Todd O. Maiden
Phillip H. Babich
Attorneys for Defendant/Crossclaimant
Bank of America, National Association

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C09-04808 MEJ

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STIPULATION AND [PROPOSED] ORDER SETTING REVISED CASE MANAGEMENT ORDER

PROPOSED ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that this Court amends the existing Case
Management Order to incorporate the dates proposed above, while all other facets of the Court’s
existing Case Management Order shall remain in effect.

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IT IS SO ORDERED:

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DATED: January 9

, 2013

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Honorable Maria-Elena James
UNITED STATES CHIEF MAGISTRATE

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C09-04808 MEJ

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STIPULATION AND [PROPOSED] ORDER SETTING REVISED CASE MANAGEMENT ORDER