Rothman v. U.S. Bank National Association et al

Filing 120

ORDER MODIFYING PRETRIAL PREPARATION ORDER Pursuant to stipulation, the pretrial/trial schedule is modified. All other dates not modified by this order shall remain as set forth in the Amended Pretrial Order. Signed by Judge Maxine M. Chesney on January 5, 2015. (mmclc2, COURT STAFF) (Filed on 1/5/2015)

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Case3:13-cv-03381-MMC Document117 Filed12/24/14 Page1 of 4 1 2 3 4 5 6 7 8 9 NOSSAMAN LLP ROBERT S. MCWHORTER (SBN 226186) rmcwhorter@nossaman.com WALTER C. DAUTERMAN, JR. (SBN 282264) wdauterman@nossaman.com 621 Capitol Mall, 25th Floor Sacramento, CA 95814 Telephone: 916.442.8888 Facsimile: 916.442.0382 Attorneys for Defendant U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A. 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 MARSHAL ROTHMAN 17 18 19 3:13-cv-03381-MMC Plaintiff, 15 16 Case No: vs. U.S. BANK NATIONAL ASSOCIATION & OLD REPUBLIC DIVERSIFIED SERVICES, INC. d/b/a OLD REPUBLIC DEFAULT MANAGEMENTS SERVICES SECOND STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER Complaint Filed: July 19, 2013 Defendants. 20 21 22 23 24 25 26 27 28 144875_2 SECOND STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER Case No.: 3:13-cv-03381-MMC Case3:13-cv-03381-MMC Document117 Filed12/24/14 Page2 of 4 1 Defendant, U.S. Bank National Association, Successor in Interest to the Federal Deposit 2 Insurance Corporation as Receiver for Downey Savings and Loan Association, F.A. 3 (“U.S. Bank”) and Plaintiff, Marshal Rothman (“Plaintiff”) (collectively, the “Parties”), through 4 the undersigned counsel hereby stipulate and agree as follows: 5 6 7 1. On May 30, 2014, this Court entered a Pretrial Preparation Order. [Docket No. 74.] 2. On November 03, 2014, this Court entered an Order Amending the Pretrial 8 Preparation Order (the “Amended Pretrial Order”). [Docket No. 97] The Amended Pretrial 9 Order provided the following schedule: 10 Event New Deadline 11  Non-Expert Discovery Cutoff February 5, 2015 12  Designation of Opening Experts February 26, 2015 13  Designation of Rebuttal Experts March 13, 2015 14  Expert Discovery Cutoff April 6, 2015 15  Status Conference Statement Due April 3, 2015 16  Status Conference April 10, 2015 at 10:30 a.m. 17  Deadline to File Dispositive Motions April 24, 2015 (noticed for hearing 35 days afterward)  Pretrial Conference July 14, 2015 at 3:00 p.m.  Trial Date: July 27, 2015  Trial Length 7 to 10 days 18 19 20 21 22 23 24 25 26 27 3. On December 19, 2013, this Court entered an order granting leave to Plaintiff to file a First Supplemental Complaint no later than December 29, 2014 and directing the Parties to meet and confer to discuss any changes, if necessary, to the current pretrial and/or trial schedule. [Docket No. 115.] 4. The Parties met and conferred and agreed to the following changes to the pretrial/trial schedule: 28 144875_2 SECOND STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER -1- Case No.: 3:13-cv-03381-MMC Case3:13-cv-03381-MMC Document117 Filed12/24/14 Page3 of 4 1 Event New Deadline 2  Non-Expert Discovery Cutoff March 27, 2015 3  Designation of Opening Experts April 17, 2015 4  Designation of Rebuttal Experts May 4, 2015 5  Expert Discovery Cutoff June 6, 2015 6  Status Conference Statement Due June 12, 2015 7  Status Conference June ___, 2015 at 10:30 a.m. 8  Deadline to File Dispositive Motions June 26, 2015 (noticed for hearing 35 days afterward)  Pretrial Conference To be determined by Court  Trial Date: To be determined by Court  Trial Length 7 to 10 days  SETTLEMENT CONFERENCE shall be held before Magistrate Judge Nathanael 9 10 11 12 13 Cousins and scheduled to take place no later than 30 days prior to the Pretrial 14 Conference. 15 16 17 18 All other dates set forth in the Amended Pretrial Order shall remain the same. THE FOREGOING IS STIPULATED AND AGREED TO BY: Dated: December 24, 2014 By: Randolph Gaw Randolph Gaw Attorneys for Plaintiff MARSHAL ROTHMAN 19 20 21 22 GAW │ POE LLP Dated: December 24, 2014 NOSSAMAN LLP By: Robert S. McWhorter Robert S. McWhorter Attorneys for Defendant U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST TO THE FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A. 23 24 25 26 27 28 144875_2 SECOND STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER -2- Case No.: 3:13-cv-03381-MMC Case3:13-cv-03381-MMC Document117 Filed12/24/14 Page4 of 4 1 2 ORDER 3 PURSUANT TO STIPULATION, IT IS SO ORDERED. THE PRETRIAL/TRIAL 4 SCHEDULE SHALL BE MODIFIED AS FOLLOWS: 5 D__________________, 2014 Event  Non-Expert Discovery Cutoff  Designation of Opening Experts  Designation of Rebuttal Experts  Expert Discovery Cutoff  Status Conference Statement Due  Status Conference  Deadline to File Dispositive Motions 6 7 8 9 10 11 12 13 14 15 16 ________________________________________ New Deadline U.S. District Court Judge March 27, 2015 April 17, 2015 May 4, 2015 June 6, 2015 June 12, 2015 June 19, 2015 at 10:30 a.m. June 26, 2015 (noticed for hearing 35 days afterward)  Pretrial Conference September 11, 2015 at 3:00 p.m.  Trial Date September 28, 2015  SETTLEMENT CONFERENCE shall be held before Magistrate Judge Nathaniel Cousins and scheduled to take place no later than 30 days prior to the Pretrial Conference. All other dates set forth in the Amended Pretrial Order shall remain the same. 17 18 Dated: January 5, 2015 ___________________________ U.S. District Court Judge 19 20 21 22 23 24 25 26 27 28 144875_2 SECOND STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER -3- Case No.: 3:13-cv-03381-MMC

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