Wu v. Federal Deposit Insurance Corporation et al

Filing 32

ORDER GRANTING 31 Stipulation Continuing Pretrial Deadlines Based on Conditional Settlement. Case Management Statement due by 2/24/2012. Case Management Conference set for 3/2/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 10/11/11. (jjoS, COURT STAFF) (Filed on 10/11/2011)

Case3:10-cv-04085-JSW Document31

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Filed10/07/11 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
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
This case arises out of the failure of United Commercial Bank (“UCB”). On March 15-16,

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2011, the above-captioned parties attended mediation with Hon. Daniel Weinstein (Ret.). The

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mediation included participants and issues from several legal actions, including Thomas Wu’s claims

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against the Federal Deposit Insurance Corporation in its capacity as receiver of UCB (the “FDIC”)

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

13639107.1

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and the FDIC’s claims against Mr. Wu (together, “the Parties”). The terms of a conditional global

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settlement were reached. However, given the number of participants and the complexity of the

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issues, the parties are still negotiating the terms and 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 Parties negotiate the terms

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and conditions of a final agreement;

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THEREFORE, the Parties, through their respective counsel of record, hereby agree and
stipulate that:
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The FDIC’s responsive pleading deadline shall be continued from October 31, 2011,

to February 1, 2012; and
2.

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 February 1, 2012, on a date to be set by

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the Court.

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Dated: October 7, 2011

NIXON PEABODY LLP

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By

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

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/s/ Andrew Neilson

Dated: October 7, 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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-2STIPULATION AND PROPOSED ORDE
Case No. Case No. CV10-4085 JSW

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[PROPOSED] ORDER

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October 31, 2011
The Case Management Conference currently scheduled for _______________, is hereby
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March 2
continued to _______________, 2012. 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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February 24
_______________, 2012.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: October ____, 2011
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______________________________
Hon. Jeffrey S. White

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

13639107.1