Wu v. Federal Deposit Insurance Corporation et al

Filing 23

ORDER GRANTING 22 Stipulation WITHDRAWING DEFENDANT FDIC-RECEIVER'S MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE : Case Management Statement due by 5/6/2011. Case Management Conference set for 5/13/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 12/14/10. (jjoS, COURT STAFF) (Filed on 12/14/2010)

Wu v. Federal Deposit Insurance Corporation et al

Doc. 23

Case3:10-cv-04085-JSW Document22

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LATHAM & WATKINS LLP Timothy P. Crudo (Bar No. 143835) ([e-mail]) 505 Montgomery Street, Suite 2000 San Francisco, California 94111-6538 Telephone: [phone] Facsimile: 415.395.8095 Attorneys for Plaintiff THOMAS S. WU Additional Counsel On Signature Block UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION THOMAS S. WU Plaintiff, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as receiver of United Commercial Bank, Defendant. CASE NO. CV10-4085 JSW Assigned to Hon. Jeffrey S. White STIPULATION AND [PROPOSED] ORDER WITHDRAWING DEFENDANT FDICRECEIVER'S MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE Date: Time: Location: Judge: December 17, 2010 9:00 a.m. Courtroom 11 Hon. Jeffrey S. White

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STIPULATION AND [PROPOSED] ORDER CASE NO. CV10-4085 JSW

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STIPULATION WHEREAS, Plaintiff filed the Complaint in this action on September 10, 2010; WHEREAS, Defendant FDIC-Receiver has filed a motion to dismiss Plaintiff's Complaint (the "Motion to Dismiss"), scheduled to be heard on January 21, 2011; WHEREAS, the parties have agreed that, in lieu of Plaintiff responding to the Motion to Dismiss, Defendant FDIC-Receiver will withdraw the Motion to Dismiss and Plaintiff will file an amended complaint (the "Amended Complaint"); WHEREAS, the initial Case Management Conference in this matter is currently set for December 17, 2010, and the Joint Case Management Statement and Rule 26(f) Report is due to be filed on December 10, 2010; WHEREAS, the Court ordered that Plaintiff and Defendant serve upon one another initial disclosures by December 10, 2010; WHEREAS, the parties have scheduled a mediation to take place on March 1516, 2011 (the "Mediation"); and WHEREAS, the parties believe that it would promote efficiency and the conservation of the Court's and the parties' resources to continue certain dates until after the Mediation; THEREFORE, the parties, through their respective counsel of record, hereby agree and STIPULATE that: 1. 2. 3. Plaintiff shall file the Amended Complaint on or before January 10, 2011; Defendant Motion to Dismiss shall be deemed withdrawn; Defendant shall respond to the Amended Complaint within 30 days of the

scheduled Mediation, and no later than April 15, 2011; 4. The Case Management Conference and all attendant matters ­ including

the filing of the Joint Case Management Statement and Rule 26(f) Report, and the serving of the parties' initial disclosures under Fed. R. Civ. P. 26(a) ­ shall be continued until after April 15, 2011 on a date to be set by the Court; and 1

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STIPULATION AND [PROPOSED] ORDER CASE NO. CV10-4085 JSW

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5.

The parties shall abstain from discovery until after meeting and conferring

with respect to the contents of the Joint Case Management Conference Statement, but shall meet and confer in good faith regarding a potential informal exchange of relevant information prior to the Mediation in order to make the mediation process more productive. Dated: December 10, 2010 LATHAM & WATKINS LLP

By /s/ Timothy P. Crudo Timothy P. Crudo Attorneys for Plaintiff Thomas S. Wu

Dated: December 10, 2010 NIXON PEABODY LLP

By /s/ Andrew R. Neilson Andrew R. Neilson Attorneys for Defendant Federal Deposit Insurance Corporation, as receiver of United Commercial Bank and in its corporate capacity

[PROPOSED] ORDER The Case Management Conference currently scheduled for December 17, 2010, is hereby continued to May 13 2011. The parties shall meet and confer and file a Joint Case ___, Management Statement and exchange initial disclosures pursuant to Fed R. Civ. P. 26(a) on or May 6, 2011 before ________________________. IT IS SO ORDERED. Dated: December 13 2010 __, ______________________________ Honorable Jeffrey S. White 2
STIPULATION AND [PROPOSED] ORDER CASE NO. CV10-4085 JSW

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