Wu v. Federal Deposit Insurance Corporation et al

Filing 26

STIPULATION AND ORDER Case Management Statement due by 6/3/2011. Case Management Conference set for 6/10/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 4/4/11. (sis, COURT STAFF) (Filed on 4/4/2011)

Wu v. Federal Deposit Insurance Corporation et al

Doc. 26

Case3:10-cv-04085-JSW Document25

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GREGORY P. O'HARA (SBN 131963) [e-mail] ANDREW R. NEILSON (SBN 221694) [e-mail] GINA M. FORNARIO (SBN 246619) [e-mail] NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, California 94111-3600 Telephone: [phone] Fax: [phone] Attorneys for Defendant FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OF UNITED COMMERCIAL BANK

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

THOMAS S. WU, Plaintiff, vs. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as receiver of United Commercial Bank, and FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Defendants.

Case No. CV10-4085 JSW STIPULATION AND PROPOSED ORDER CONTINUING PRETRIAL DEADLINES BASED ON CONDITIONAL SETTLEMENT

STIPULATION WHEREAS on March 15-16, 2011, the Parties attended mediation with Hon. Daniel Weinstein (Ret.). The mediation involved multiple claims arising from the failure of United Commercial Bank ("UCB"), including Thomas Wu's claims against the Federal Deposit Insurance Corporation in its capacity as receiver of UCB (the "FDIC"), and the FDIC's claims against Mr. Wu. 1
STIPULATION AND PROPOSED ORDER Case No. Case No. CV10-4085 JSW 13405164.2

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The parties reached a conditional settlement. The parties are negotiating the terms and conditions of a final agreement; WHEREAS the parties believe that it would promote efficiency and the conservation of the Court's and the parties' resources to continue pretrial deadlines while the settlement is being finalized; THEREFORE, the parties, through their respective counsel of record, hereby agree and stipulate that: 1. The FDIC's responsive pleading deadline shall be continued 45 days from April 15,

2011, to May 31, 2011; and 2. 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 Rule 26(a) ­ shall be continued until after May 31, 2011 on a date to be set by the Court. Dated: April 1, 2011 NIXON PEABODY LLP

By

/s/ Andrew Neilson Andrew R. Neilson Attorneys for Defendant Federal Deposit Insurance Corporation, as receiver of United Commercial Bank

Dated: April 1, 2011

LATHAM & WATKINS LLP

By

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

-2STIPULATION AND PROPOSED ORDER Case No. Case No. CV10-4085 JSW 13405164.2

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[PROPOSED] ORDER The Case Management Conference currently scheduled for May 13, 2010, is hereby

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June 10 continued to _______________, 2011. The parties shall meet and confer and file a Joint Case Management Statement and exchange initial disclosures pursuant to FRCP 26(a) on or before

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June 3 _______________, 2011. IT IS SO ORDERED.

7 8 Dated: April ____, 2010 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
STIPULATION AND PROPOSED ORDER Case No. Case No. CV10-4085 JSW 13405164.2

______________________________ Hon. Jeffrey S. White