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

Filing 129

Order by Magistrate Judge Donna M. Ryu granting 128 Discovery Letter Brief.(dmrlc2, COURT STAFF) (Filed on 2/6/2015)

Case3:13-cv-03381-MMC Document128 Filed02/06/15 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:

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

Case No.: CV 13 3381

Case3:13-cv-03381-MMC Document128 Filed02/06/15 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. 12]

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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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U.S. Bank prepared a draft Settlement Agreement for Plaintiff’s review and approval. Plaintiff is

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reviewing this draft. To allow the Parties time to finalize the Settlement Agreement, the Parties

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request that this Court extend the deadline to file a joint discovery letter from February 9, 2015

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to February 23, 2015. Also, the Parties agree that the deadline for U.S. Bank to serve responses

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to the Discovery Requests shall be February 23, 2015.

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4.

If this case does not resolve, the Parties shall schedule the deposition of Marshal

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Rothman at a mutually agreeable date and time.

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THE FOREGOING IS STIPULATED AND AGREED TO BY:

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Dated: February 6, 2015

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GAW │ POE LLP
By:

/s/Randolph Gaw
Randolph Gaw

Attorneys for Plaintiff
MARSHAL ROTHMAN

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-1-

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

Case No.: CV 13 3381

Case3:13-cv-03381-MMC Document128 Filed02/06/15 Page3 of 3

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Dated: February 6, 2015

LECLAIRRYAN

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By:

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/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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ORDER

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Pursuant to the foregoing Stipulation, this Court finds good cause to grant the relief
requested therein.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT the Parties’ deadline to file
a joint discovery letter is extended from February 9, 2015 to February 23, 2015 and U.S.
Bank’s deadline to respond to the Discovery Requests is extended until February 23, 2015. The
terms of the Stipulation are approved.

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Dated: February _____, 2015

________________________________________
U.S. District Court Magistrate Judge

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-2-

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

Case No.: CV 13 3381