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

Filing 90

ORDER DENYING STIPULATION WITHOUT PREJUDICE The stipulation is denied without prejudice to resubmission with showing of good cause, particularly given proposed expert discovery cutoff, which postdates dispositive motion filing deadline. Signed by Judge Maxine M. Chesney on October 15, 2014. (mmclc2, COURT STAFF) (Filed on 10/15/2014)

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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 15 18 19 CV 13 3381 Plaintiff, 16 17 Case No: vs. U.S. BANK NATIONAL ASSOCIATION & OLD REPUBLIC DIVERSIFIED SERVICES, INC. d/b/a OLD REPUBLIC DEFAULT MANAGEMENTS SERVICES 20 Defendants. 21 STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER DENYING STIPULATION WITHOUT PREJUDICE Complaint Filed: July 19, 2013 Trial Date: June 22, 2015 22 23 24 25 26 27 28 144875_2 STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER Case No.: CV 13 3381 1 2 3 4 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. (“U.S. Bank”) and Plaintiff, Marshal Rothman (“Plaintiff”) (collectively, the “Parties”), through the undersigned counsel hereby stipulate and agree as follows: 5 6 1. On May 30, 2014, this Court entered a Pretrial Preparation Order. [Docket No. 74.] The Pretrial Preparation Order imposed the following deadlines: 7 Event  17 18 19 20 Further Status Conference Statement March 6, 2015 Further Status Conference March 13, 2015 at 10:30 a.m. Deadline to File Dispositive Motions March 20, 2015 Meet and Confer May 4, 2015 Settlement Conference No later than 30 days prior to Pretrial Conference  16 March 6, 2015  15 Expert Discovery Cutoff  14 February 13, 2015  13 Designation of Rebuttal Experts  12 January 26, 2015  11 Designation of Opening Experts  10 January 5, 2015  9 Non-Expert Discovery Cutoff  8 Deadline Pretrial Conference June 9, 2015 at 3:00 p.m. 2. Given the foregoing, the Parties agree to amend the Pretrial Preparation Order and extend the deadlines as follows: 21 Event  25 26 27 Designation of Opening Experts February 26, 2015 Designation of Rebuttal Experts March 13, 2015  24 February 5, 2015  23 Non-Expert Discovery Cutoff  22 New Deadline Expert Discovery Cutoff April 6, 2015 /// /// 28 144875_2 STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER -1- Case No.: CV 13 3381 1 3. All remaining deadlines imposed by the Pretrial Preparation Order are unchanged. 2 3 THE FOREGOING IS STIPULATED AND AGREED TO BY: 4 5 Dated: October 14, 2014 GAW │ POE LLP By: 6 Randolph Gaw Attorneys for Plaintiff MARSHAL ROTHMAN 7 8 9 10 11 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. 12 13 14 15 ORDER 16 17 DENIED without prejudice to resubmission with showing of good cause, see Fed. R. Civ. 18 P. 16(b)(4), particularly given proposed expert discovery cutoff, which postdates dispositive 19 motion filing deadline. 20 21 22 Dated: October 15, 2014 ________________________________________ U.S. District Court Judge 23 24 25 26 27 28 144875_2 STIPULATION AND [PROPOSED] ORDER MODIFYING PRETRIAL PREPARATION ORDER -2- Case No.: CV 13 3381

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