Schoenmann v. Federal Deposit Insurance Corporation

Filing 95

ORDER re #94 STIPULATION WITH PROPOSED ORDER re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint. Reset Deadlines as to #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint filed by Federal Deposit Insurance Corporation, as receiver for United Commercial Bank, Federal Deposit Insurance Corporation, in its Corporate Capacity. Responses due by 6/28/2012. Replies due by 7/10/2012. Motion Hearing set for 7/20/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 6/18/2012. (beS, COURT STAFF) (Filed on 6/18/2012)

Case3:10-cv-03989-CRB Document94 Filed06/11/12 Page1 of 4

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KIEVE LAW OFFICES
Loren Kieve (Bar No. 56280)
[e-mail]
5A Funston Avenue
The Presidio of San Francisco
San Francisco, California 94129-1110
Telephone:
[phone]
Facsimile:
[phone]
Counsel for plaintiff E. Lynn Schoenmann,
as chapter 7 trustee of the bankruptcy estate of
UCBH Holdings, Inc.
[Other Counsel Listed in Signature Block]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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E. LYNN SCHOENMANN, Trustee of the
Bankruptcy Estate of UCBH Holdings, Inc.,
Plaintiff,

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v.
FEDERAL DEPOSIT INSURANCE
CORPORATION, in its capacity as receiver
for United Commercial Bank, and in its
corporate capacity,

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Case No. 3:10-cv-03989-CRB
STIPULATION AND [PROPOSED]
ORDER TO MODIFY BRIEFING
SCHEDULE AND RESET HEARING FOR
DEFENDANTS’ MOTION TO STRIKE
AND DISMISS CERTAIN COUNTS OF
AMENDED COMPLAINT
Date: N/A
Time: N/A
Dept:

Defendant.

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Subject to the approval of the Court, defendant Federal Deposit Insurance Corporation, as

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receiver for United Commercial Bank (the “FDIC-Receiver”), defendant Federal Deposit

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Insurance Corporation in its corporate capacity (“FDIC-Corporate”), and plaintiff E. Lynn

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Schoenmann, as chapter 7 trustee of the bankruptcy estate of UCBH Holdings, Inc. (the

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“Trustee”), stipulate and agree as follows:

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WHEREAS:

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A.

UCBH Holdings, Inc (“UCBH”) is a bank holding company that conducted its

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principal business through its wholly-owned bank subsidiary United Commercial Bank (“UCB”).

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By order dated November 6, 2009, the California Department of Financial Institutions closed
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STIPULATION TO MODIFY BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO STRIKE AND
DISMISS AMENDED COMPLAINT 3:10-CV-03989-CRB

Case3:10-cv-03989-CRB Document94 Filed06/11/12 Page2 of 4

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UCB and appointed the FDIC-Receiver as its receiver. On November 24, 2009, UCBH filed a

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petition under chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court for the

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Northern District of California and the Trustee was appointed soon thereafter.

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B.

On September 7, 2010, the Trustee filed her complaint. In an opinion and order

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entered on April 21, 2011, the Court granted in part and denied in part defendants’ motions to

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dismiss that complaint. On May 27, 2011, the Court denied defendants’ motion for a certificate

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of appealability of one aspect of that opinion and their motion to stay discovery pending a petition

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for interlocutory appeal. The parties have been engaged in discovery since that time.

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C.

On April 27, 2012, the Trustee filed her amended complaint under seal. On

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June 5, 2012, the FDIC-Receiver and FDIC-Corporate filed a joint motion to strike and dismiss

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certain counts of the amended complaint. The motion has been noticed for a hearing on July 20,

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2012.

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D.

Under the Court’s local rules, the Trustee’s opposition papers would be due by

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June 19, 2012 and defendants’ reply papers would be due by June 26, 2012. Subject to the

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Court’s approval, the parties have agreed to a modified briefing schedule to provide the Trustee

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additional time to respond to complex arguments raised for the first time in defendants’ motion

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and to accommodate the schedules of counsel given the 4th of July holiday.

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NOW THEREFORE, subject to the approval of the Court, the parties stipulate and agree
as follows:
1.

The time for the Trustee to serve and file any papers in response to the pending

motion to strike and dismiss is extended through and including June 28, 2012.
2.

The time for defendants to serve and file any reply submissions in further support

of the motion to strike and dismiss is extended through and including July 10, 2012.
3.

The dates described in the preceding paragraphs call for briefing to be completed

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on July 10, 2012, which is a Tuesday. To allow the Court sufficient time to consider the motion

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and in deference to the schedules of counsel, the parties request that the Court set the hearing

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regarding defendants’ motion to strike and dismiss for July 20, 2012, which is the second Friday

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after briefing will have been completed.
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STIPULATION TO MODIFY BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO STRIKE AND
DISMISS AMENDED COMPLAINT 3:10-CV-03989-CRB

Case3:10-cv-03989-CRB Document94 Filed06/11/12 Page3 of 4

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IT IS SO STIPULATED.
Dated: June 11, 2012

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KIEVE LAW OFFICES
By: /s/ Loren Kieve
Loren Kieve (Bar No. 56280)
[e-mail]

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5A Funston Avenue
The Presidio Of San Francisco
San Francisco, California 94129-1110
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff E. Lynn Schoenmann,
as chapter 7 trustee for the bankruptcy estate of
UCBH Holdings, Inc.

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DLA PIPER LLP (US)

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Of Counsel:

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Kathryn R. Norcross
Senior Counsel

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Dennis Early
Counsel
Federal Deposit Insurance Corporation
3501 Fairfax Drive
Arlington, Virginia 22226
[phone]

By /s/ Todd C. Toral
Todd C. Toral
[e-mail]
555 Mission Street, Suite 2400
San Francisco, California 94105-2933
Tel: [phone]
Fax: [phone]
and
John J. Clarke, Jr. (admitted pro hac vice)
DLA PIPER LLP (US)
1251 Avenue Of The Americas
New York, New York 10020
Attorneys for the
Federal Deposit Insurance Corporation,
as Receiver for United Commercial Bank

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STIPULATION TO MODIFY BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO STRIKE AND
DISMISS AMENDED COMPLAINT 3:10-CV-03989-CRB

Case3:10-cv-03989-CRB Document94 Filed06/11/12 Page4 of 4

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BAKER & HOSTETLER LLP

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Attorneys for the
Federal Deposit Insurance Corporation,
in its Corporate Capacity
ORDER
The requested extension of time are granted and the hearing on the motion to strike and
dismiss is set for ______ A.M. on ______________, 2012.
10:00
July 20

S DISTRICT
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___________________________
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PNC Center
1900 East Ninth Street, Suite 3200
Cleveland, Ohio 44114-3482
Tel.: [phone]
Fax: [phone]

Charles R. Breyer
United States District Judge

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. Breyer

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UNIT
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By: /s/ Daniel R. Warren
Daniel R. Warren (admitted pro hac vice)
[e-mail]
James A. Slater (admitted pro hac vice)
[e-mail]

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STIPULATION TO MODIFY BRIEFING SCHEDULE FOR DEFENDANTS’ MOTION TO STRIKE AND
DISMISS AMENDED COMPLAINT 3:10-CV-03989-CRB