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

Filing 92

STIPULATION; ORDER DENYING STIPULATION; ORDER SETTING STATUS CONFERENCE The stipulation is denied and the Court sets a status conference for October 31, 2014, at 10:30 a.m., at which time the parties shall be prepared to show good cause for an y modification of the Court's Pretrial Preparation Order. Alternatively, if the parties do not anticipate the need for expert declarations either to support or oppose summary judgment, the parties may resubmit for approval, no later than October 24, 2014, the stipulation set forth in their October 15, 2014 filing. Signed by Judge Maxine M. Chesney on October 17, 2014. (mmclc2, COURT STAFF) (Filed on 10/17/2014)

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NOSSAMAN LLP
ROBERT S. MCWHORTER (SBN 226186)
[e-mail]
WALTER C. DAUTERMAN, JR. (SBN 282264)
[e-mail]
621 Capitol Mall, 25th Floor
Sacramento, CA 95814
Telephone: [phone]
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.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARSHAL ROTHMAN

vs.

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3:13-cv-03381-MMC

Plaintiff,

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Case No:

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

STIPULATION; ORDER DENYING
STIPULATION; ORDER SETTING
STATUS CONFERENCE
Complaint Filed: July 19, 2013
Trial Date: June 22, 2015

Defendants.

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144875_2

STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL PREPARATION ORDER

Case No.: 3:13-cv-03381-MMC

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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 May 30, 2014, this Court entered a Pretrial Preparation Order. [Docket

No. 74.] The Pretrial Preparation Order imposed the following deadlines:

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Event

Deadline

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

Non-Expert Discovery Cutoff

January 5, 2015

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

Designation of Opening Experts

January 26, 2015

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

Designation of Rebuttal Experts

February 13, 2015

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

Expert Discovery Cutoff

March 6, 2015

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

Further Status Conference Statement

March 6, 2015

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

Further Status Conference

March 13, 2015 at 10:30 a.m.

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

Deadline to File Dispositive Motions

March 20, 2015

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

Meet and Confer

May 4, 2015

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

Settlement Conference

No later than 30 days prior to
Pretrial Conference



Pretrial Conference

June 9, 2015 at 3:00 p.m.

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2.

The Parties now seek to modify the Pretrial Preparation Order. Good cause exists

given that counsel for U.S. Bank was recently substituted into the case in late August 2014, the
lead contact at U.S. Bank that was handling the case is no longer employed by U.S. Bank, the
lead associate that was handling the case left her position in September 2014, and the lead partner
was unavailable because he was unexpectedly married in late September 2014 due to personal
circumstances, and was on his honeymoon during the first week of October 2014. The parties
have begun negotiations to explore an amicable resolution of this case. As such, U.S. Bank
requested multiple extensions on discovery and Plaintiff accommodated. Given the foregoing,
and because the Parties agree that Plaintiff should not be prejudiced due to his courtesy, the
Parties agree to amend the Pretrial Preparation Order and extend the deadlines as follows:
144875_2

STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL PREPARATION ORDER

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Case No.: CV 13 3381

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Event

New Deadline

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

Non-Expert Discovery Cutoff

February 5, 2015

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

Designation of Opening Experts

February 26, 2015

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

Designation of Rebuttal Experts

March 13, 2015

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

Expert Discovery Cutoff

April 6, 2015

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

Deadline to File Dispositive Motions

April 13, 2015

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

Meet and Confer

May 14, 2015

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3.

All remaining deadlines imposed by the Pretrial Preparation Order are unchanged.

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THE FOREGOING IS STIPULATED AND AGREED TO BY:

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Dated: October 16, 2014

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GAW │ POE LLP
By:

Randolph Gaw
Attorneys for Plaintiff
MARSHAL ROTHMAN

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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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ORDER

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If the parties anticipate the need for expert declarations either to support or oppose
summary judgment, the schedule proposed in their October 15, 2014 filing (see Doc. No. 89) is
unworkable, and the schedule currently proposed is unworkable because it results in a dispositive
motion hearing date too close to the time the parties are required to prepare and file documents in
connection with the pretrial conference.
144875_2

STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL PREPARATION ORDER

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Case No.: CV 13 3381

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Accordingly, the stipulation is hereby DENIED and the Court hereby SETS a status

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conference for October 31, 2014, at 10:30 a.m., at which time the parties shall be prepared to

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show good cause for any modification of the Court's Pretrial Preparation Order. Alternatively, if

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the parties do not anticipate the need for expert declarations either to support or oppose summary

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judgment, the parties may resubmit for approval, no later than October 24, 2014, the stipulation

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set forth in their October 15, 2014 filing.

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IT IS SO ORDERED.

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Dated: October 17, 2014

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________________________________________
U.S. District Court Judge

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144875_2

STIPULATION AND [PROPOSED] ORDER
MODIFYING PRETRIAL PREPARATION ORDER

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Case No.: CV 13 3381