Wu v. Federal Deposit Insurance Corporation et al

Filing 28

ORDER GRANTING 27 Second Stipulation and Proposed Order Continuing Pretrial Deadlines Based on Conditional Settlement. Signed by Judge JEFFREY S. WHITE on 5/24/11. (jjoS, COURT STAFF) (Filed on 5/24/2011)

Case3:10-cv-04085-JSW Document27

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Filed05/23/11 Page1 of 3

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

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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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THOMAS S. WU,
Plaintiff,

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

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

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STIPULATION

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WHEREAS on March 15-16, 2011, the Parties attended mediation with Hon. Daniel

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Weinstein (Ret.). The mediation involved multiple claims arising from the failure of United

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Commercial Bank (“UCB”), including Thomas Wu’s claims against the Federal Deposit Insurance

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Corporation in its capacity as receiver of UCB (the “FDIC”), and the FDIC’s claims against Mr. Wu.

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SECOND STIPULATION AND PROPOSED ORDER
Case No. Case No. CV10-4085 JSW

13469385.1

Case3:10-cv-04085-JSW Document27

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The parties reached a conditional settlement. The parties are still negotiating the terms and

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conditions of a final agreement;

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WHEREAS the parties believe that it would promote efficiency and the conservation of the

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Court’s and the parties’ resources to continue pretrial deadlines while the settlement is being

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finalized;

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THEREFORE, the parties, through their respective counsel of record, hereby agree and
stipulate that:

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1.

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July 29, 2011; and

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2.

The FDIC’s responsive pleading deadline shall be continued from May 31, 2011 to

The Case Management Conference and all attendant matters – including the filing of

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the joint Case Management Statement and Rule 26(f) Report, and the serving of the parties’ initial

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disclosures under Rule 26(a) – shall be continued until after July 29, 2011 on a date to be set by the

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Court.

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Dated: May 23, 2011

NIXON PEABODY LLP

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By

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Gina Fornario
Attorneys for Defendant Federal Deposit
Insurance Corporation, as receiver of
United Commercial Bank

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/s/ Gina Fornario

Dated: May 23, 2011

LATHAM & WATKINS LLP

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By

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

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

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[PROPOSED] ORDER

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The Case Management Conference currently scheduled for June 10, 2010, is hereby
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August 12
continued to _______________, 2011. The parties shall meet and confer and file a Joint Case
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Management Statement and exchange initial disclosures pursuant to FRCP 26(a) on or before
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August 5
_______________, 2011.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: May ____, 2010

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______________________________
Hon. Jeffrey S. White

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SECOND STIPULATION AND PROPOSED ORDER
Case No. Case No. CV10-4085 JSW

13469385.1