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

Filing 127

Order by Magistrate Judge Donna M. Ryu granting 126 Discovery Letter Brief.(dmrlc2, COURT STAFF) (Filed on 1/23/2015)

Case3:13-cv-03381-MMC Document126 Filed01/23/15 Page1 of 3

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LECLAIRRYAN
ROBERT S. MCWHORTER (SBN 226186)
[e-mail]
980 9th Street, 16th Floor
Sacramento, CA 95814
Telephone: [phone]
Facsimile: 916.449.9694
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.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARSHAL ROTHMAN

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vs.
U.S. BANK NATIONAL ASSOCIATION
& OLD REPUBLIC DIVERSIFIED
SERVICES, INC. d/b/a OLD REPUBLIC
DEFAULT MANAGEMENTS SERVICES

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Defendants.
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CV 13 3381

Plaintiff,

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Case No:

FIRST AMENDED STIPULATION AND
[PROPOSED] ORDER EXTENDING
DEADLINE TO FILE JOINT
DISCOVERY LETTER

Complaint Filed: July 19, 2013
Trial Date: June 22, 2015

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FIRST AMENDED STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE TO FILE JOINT DISCOVERY LETTER

Case No.: CV 13 3381

Case3:13-cv-03381-MMC Document126 Filed01/23/15 Page2 of 3

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Defendant, U.S. Bank National Association, Successor in Interest to the Federal Deposit

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Insurance Corporation as Receiver for Downey Savings and Loan Association, F.A.

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(“U.S. Bank”) and Plaintiff, Marshal Rothman (“Plaintiff”) (collectively, the “Parties”), through

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the undersigned counsel hereby stipulate and agree as follows:

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1.

On December 17, 2014, this Court entered an Order (the “Discovery Order”)

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directing the Parties to immediately meet and confer regarding the issues raised in Plaintiff’s

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Motion to Compel and to file a joint discovery letter by December 31, 2014. [Docket No: 113]

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This Court subsequently continued the deadline to file a joint discovery letter from December 31,

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2014 to January 28, 2015. [Docket No. 118]

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2.

Plaintiff served upon U.S. Bank the following written discovery requests:

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(i) Plaintiff’s Fourth Set of Request for Production of Documents, (ii) Plaintiff’s Fourth Set of

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Interrogatories, and (iii) Plaintiff’s Third Request for Admissions (collectively, the “Discovery

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Requests”).

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3.

Since January 14, 2015, the Parties engaged in extensive settlement negotiations.

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The Parties are optimistic that they will reach a settlement. To allow the Parties time to finalize

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their negotiations, the Parties request that this Court extend the deadline to file a joint discovery

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letter from January 28, 2015 to February 9, 2015. Also, the Parties agree that the deadline for

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U.S. Bank to serve responses to the Discovery Requests shall be February 9, 2015.

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THE FOREGOING IS STIPULATED AND AGREED TO BY:

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Dated: January 23, 2015

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GAW │ POE LLP
By:

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Attorneys for Plaintiff
MARSHAL ROTHMAN

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/s/Randolph Gaw
Randolph Gaw

Dated: January 23, 2015

LECLAIRRYAN
By:

/s/Robert S. McWhorter
Robert S. McWhorter

Attorneys for Defendant
U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR
IN INTEREST TO THE FDIC AS RECEIVER FOR
DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.
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FIRST AMENDED STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE TO FILE JOINT DISCOVERY LETTER

Case No.: CV 13 3381

Case3:13-cv-03381-MMC Document126 Filed01/23/15 Page3 of 3

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ORDER

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Pursuant to the foregoing Stipulation, this Court finds good cause to grant the relief
requested therein.

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NOW, THEREFORE, IT IS HEREBY ORDERED THAT the Parties’ deadline to file

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a joint discovery letter is extended from January 28, 2015 to February 9, 2015 and U.S. Bank’s

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deadline to respond to the Discovery Requests is extended until February 9, 2015.

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Dated: January _____, 2015

________________________________________
U.S. District Court Magistrate Judge

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-2-

FIRST AMENDED STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINE TO FILE JOINT DISCOVERY LETTER

Case No.: CV 13 3381