Wu v. Federal Deposit Insurance Corporation et al

Filing 41

ORDER GRANTING 40 Stipulation and Proposed Order Continuing Pretrial Deadlines Based on Conditional Settlement. Case Management Statement due by 2/22/2013. Case Management Conference set for 3/1/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge Jeffrey S. White on October 29, 2012. (jswlc3, COURT STAFF) (Filed on 10/29/2012)

Case3:10-cv-04085-JSW Document40 Filed10/26/12 Page1 of 4

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GREGORY P. O'HARA (SBN 131963)
[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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STIPULATION AND PROPOSED ORDER
CONTINUING PRETRIAL DEADLINES
BASED ON CONDITIONAL
SETTLEMENT

vs.

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Case No. 3:10-cv-04085 JSW

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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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.). Since that

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time, pretrial deadlines in this case have been extended several times in anticipation of a global

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settlement involving the Parties to this matter, among others. After considerable negotiation, the

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Parties finalized and executed the terms of a global settlement which was approved by the

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STIPULATION AND PROPOSED ORDER
Case No. Case No. 3:10-cv-04085 JSW
14190000.2

Case3:10-cv-04085-JSW Document40 Filed10/26/12 Page2 of 4

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Bankruptcy Court on October 22, 2012, although a formal order has not yet been entered. At this

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time, the schedules of the Parties and their counsel necessitate a further extension of pretrial

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deadlines in order for the settlement to be completed.

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WHEREAS the Parties believe that it would promote efficiency and the conservation of the
Court’s and the Parties’ resources to continue pretrial deadlines at this time;

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

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1.

The FDIC’s responsive pleading deadline shall be continued from November 5,

2012, to February 1, 2013; and

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2.

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

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of 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, 2013, on a date to be set by

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the Court.

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Dated: October 26, 2012

NIXON PEABODY LLP

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By

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

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Dated: October 26, 2012

LATHAM & WATKINS LLP

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By

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

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-2STIPULATION AND PROPOSED ORDER
Case No. Case No. 3:10-cv-04085 JSW
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Case3:10-cv-04085-JSW Document40 Filed10/26/12 Page3 of 4

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[PROPOSED] ORDER

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The FDIC’s responsive pleading deadline shall be continued from November 5, 2012, to
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February 1, 2013. The Case Management Conference currently scheduled for November 16, 2012, is
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March 1
hereby continued to _______________, 2013. 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 22
_______________, 2013.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated:

October 29, 2012

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______________________________
Hon. Jeffrey S. White

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STIPULATION AND PROPOSED ORDER
Case No. Case No. 3:10-cv-04085 JSW
14190000.2