Home Savings of America et al v. Felipe et al

Filing 34

STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT ORDER: A Joint Case Management Statement due by 3/1/2013. Case Management Conference set for 3/8/2013 at 10:30 AM in Courtroom C, 15th Floor, San Francisco. The ADR Completion Deadline extended to February 22, 2013. Signed by Magistrate Judge Laurel Beeler on 2/11/2013.(ls, COURT STAFF) (Filed on 2/11/2013)

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Jonathan M. Jenkins (State Bar No. 193011)
[e-mail]
Emma D. Enriquez (State Bar No. 225059)
[e-mail]
Regina Y. Yeh (State Bar No. 266019)
[e-mail]
JONATHAN M. JENKINS & ASSOCIATES
8075 W. Third St., Ste. 407
Los Angeles, California 90048
Telephone: [phone]
Fax: [phone]
Counsel for Plaintiff, FDIC as Receiver
for Home Savings of America

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HOME SAVINGS OF AMERICA, a
federal savings and loan association,
v.

Plaintiff,

EMELITA FELIPE, an individual,
ANGELITO REYES, an individual d/b/a
STREAMLINE APPRAISALS; CAL
COAST FINANCIAL CORPORATION,
a corporation doing business in
California and DOES 1-20,

CASE NO. CV 12-01419-LB
[Magistrate Judge Laurel Beeler
Presiding]
Cal. Sup. Ct. Case No.:
RG11567893
SECOND STIPULATION TO
MODIFY CASE MANAGEMENT
ORDER; [PROPOSED] CASE
MANAGEMENT ORDER

Defendants.

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IT IS HEREBY STIPULATED AS FOLLOWS:
WHEREAS, on October 15, 2012, the Court entered the Case Management
Order, setting the pre-trial schedule with a trial date for March 24, 2014 and an ADR
Completion Date for November 9, 2012;
WHEREAS, the Court informed counsel that if any party were unable to
comply with that date, that it should seek relief from this Court;
SECOND STIPULATION TO MODIFY CASE MANAGEMENT SCHEDULE AND
[PROPOSED] CASE MANAGEMENT ORDER

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WHEREAS, on November 14, 2012, after a meet and confer, the Parties

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stipulated to continue the ADR Completion Date to February 8, 2013 (see Dkt. 31),

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which this Court granted (see Dkt. 32);

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WHEREAS, on or about January 29, 2013, FDIC learned that, due to a

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conflicting FDIC event, its two appointed representatives assigned to this case would

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no longer be able to attend the previously scheduled February 4, 2013 mediation date

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agreed to by the Parties;

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WHEREAS, that same day, FDIC’s counsel immediately informed all other

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counsel and the mediator, Mr. Peter A. Mankin, Esq. of Sheldon & Mankin of the

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need for a brief continuance;
WHEREAS, the Parties have met and conferred with each other, as well as

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their selected mediator, Mr. Peter Mankin, regarding a new mediation date, and have

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confirmed February 20, 2013 as a date agreeable to all parties;

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WHEREAS, the Parties have therefore agreed to modification of the pretrial
schedule to accommodate FDIC’s conflicts;
WHEREAS, the Parties also seek to continue the dates related to the Further
Case Management Conference to occur following mediation;
WHEREAS, the Parties’ agreed-upon modification of the pretrial schedule
does not affect the March 24, 2014 trial date;
WHEREAS, the Parties agree that except for the change of dates herein, all
terms of the October 15, 2012 Case Management Order remains in effect.
NOW, THEREFORE, the Parties STIPULATE and AGREE to the following
pretrial schedule:

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SECOND STIPULATION TO MODIFY CASE MANAGEMENT SCHEDULE AND
[PROPOSED] CASE MANAGEMENT ORDER

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Case Event

Filing Date / Disclosure Deadline /
Hearing Date

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Date to seek leave to add new parties or amend the

11/12/2012

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pleadings

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Updated Joint Case Management Conference

3/1/2013

Statement
Further Case Management Conference: Court

3/8/2013 at 10:30 a.m.

to discuss a June, 2013 trial date
ADR completion date

2/22/2013
4/26/2013

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Non-expert discovery completion date
Expert disclosures required by Federal Rules of
Civil Procedure
Rebuttal expert disclosures

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Expert discovery completion date

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Last hearing date for dispositive motions and/or

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5/24/2013
6/4/2013
5/8/2013, at 11:00 a.m.

further case management conference
Meet and confer re pretrial filings

2/11/2014

Pretrial filings due

2/20/2014

Oppositions, Objections, Exhibits, and Depo

2/27/2014

Designations due
Final Pretrial Conference

3/13/2014, at 10:30 a.m.

Trial (5 Days)

3/24/2014, at 8:30 a.m.

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3/10/2013

WHEREAS, in the alternative, if this Court deems that a continuation of the
dates of (1) the deadline to file the Further Case Management Conference Statement,
and (2) the Further Case Management Conference, is unnecessary, than the Parties
respectfully request that the only ADR Completion Date be continued to February 22,
2013.
SECOND STIPULATION TO MODIFY CASE MANAGEMENT SCHEDULE AND
[PROPOSED] CASE MANAGEMENT ORDER

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DATED: February 8, 2013

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By /s/ Regina Y. Yeh
Regina Y. Yeh
Counsel for Plaintiff FDIC, as Receiver for
Home Savings of America

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JONATHAN MJENKINS & ASSOCIATES

DATED: February 8, 2013

GELLER & ASSOCIATES

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By /s/ Steven Geller
Steven Geller
Counsel for Defendant Angelito Reyes,
individually, and dba Streamline Appraisals

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DATED: February 8, 2013

LAW OFFICES OF DAVID G.
FINKELSTEIN

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By

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Marc D. Bender
Counsel for Defendant Cal Coast Financial
Corporation

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
The Case Management Order is hereby modified as follows:
1. The ADR Completion Date is hereby from February 8, 2013 to February
22, 2013;
2. The date to file the Joint Further Case Management Conference Statement
is continued from February 14, 2013 to March 1, 2013; and
3. The Further Case Management Conference is continued from February 21,
2013 to March 8, 2013 at 10:30 a.m. in Courtroom C, 15th Floor.
SO ORDERED.
Date: _February

11, 2013

________

___By ____________________________________
THE HONORABLE LAUREL BEELER
United States Magistrate Judge Presiding

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SECOND STIPULATION TO MODIFY CASE MANAGEMENT SCHEDULE AND
[PROPOSED] CASE MANAGEMENT ORDER