Federal Deposit Insurance Corporation v. Switzer et al

Filing 67

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND REQUEST FOR PRODUCTION SET ONE UNTIL AFTER THEIS COURT ISSUES AN ORDER ON DEFENDANTS' MOTION TO STAY THE CIVIL PROCEEDING. Signed by Judge Richard Seeborg on 4/24/14. (cl, COURT STAFF) (Filed on 4/24/2014)

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JOHN A. HOLDREDGE, ESQ., SBN 150061
MATTHEW K. GOOD, ESQ., SBN 226962
GEARY, SHEA, O’DONNELL, GRATTAN & MITCHELL, P.C.
37 Old Courthouse Square, Fourth Floor
Santa Rosa, California 95404
Telephone: [phone]
Facsimile: 707/545-1876
Attorneys for Defendant
BRIAN MELLAND

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FEDERAL DEPOSIT INSURANCE
CORPORATION as Receiver for SONOMA
VALLEY BANK,

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Plaintiff,

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v.

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MELVIN J. SWITZER, SEAN C. CUTTING,
and BRIAN MELLAND,

CASE NO.: 3:13-cv-03834-RS
STIPULATION AND ORDER TO EXTEND
TIME TO RESPOND TO COMPLAINT
AND REQUEST FOR PRODUCTION SET
ONE UNTIL AFTER THIS COURT
ISSUES AN ORDER ON DEFENDANTS’
MOTION TO STAY THE CIVIL
PROCEEDING
Courtroom 3, 17th Floor

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Defendants.
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TO THIS HONORABLE COURT:

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Pursuant to Northern District Local Rule 6-1, the parties, through their respective counsel,

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agree and stipulate as follows:
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On August 19, 2013, plaintiff Federal Deposit Insurance Corporation as Receiver for

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LAW OFFICES OF

GEARY,
SHEA,
O’DONNELL,
GRATTAN &

MITCHELL
P.C.

Sonoma Valley Bank (“FDIC-R”) filed the Complaint for negligence, gross negligence, and breach
of fiduciary duty naming defendants Melvin J. Switzer, Sean C. Cutting (“Cutting”) and Brian

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Melland (“Melland”). Defendants brought Motions to Dismiss, which this Court denied by written

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Order on April 9, 2012 providing defendants 20 days to answer the Complaint. Defendants’

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Answers are currently due on April 29, 2014.
________________________________________________________________________________
-1Stipulation and Order to Extend Time to Respond to Complaint and Discovery

2.

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On March 28, 2014, FDIC-R served Requests for Production, Set One by email on

all defendants. Defendants’ responses are due May 1, 2014.
3.

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On April 9, 2014, the U.S. Attorney for the Northern District of California unsealed

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an indictment against Melland and Cutting, among others, filed in this Court on March 18, 2014

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(“the Criminal Prosecution”).
4.

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Defendants Melland and Cutting intend to file a Motion to Stay Civil Proceedings

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Pending Resolution of Criminal Prosecution (“Motion to Stay”) on or before Tuesday, April 29,

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2014. In the Motion to Stay, Melland and Cutting will request that all proceedings and discovery in

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this action be stayed pending the resolution of the Criminal Prosecution.
5.

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On this basis, the parties hereto agree and stipulate that Melland’s and Cutting’s time

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to answer the Complaint and respond to Request for Production, Set One shall be extended until

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such time as the Court rules on the Motion to Stay. If the Motion to Stay is denied and the civil

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action proceeds, Melland and Cutting agree to answer the Complaint and respond to Request for

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Production, Set One within ten (10) days after the Court issues its ruling denying the Motion to

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Stay.
6.

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argument FDIC-R may advance in opposing the Motion to Stay.
7.

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The Motion to Extend Time filed by Melland and joined by Cutting is moot and

maybe be terminated by the clerk.
IT IS SO STIPULATED.

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Nothing in this Stipulation may be construed to waive or limit in any way any

DATED: April 24, 2014

GEARY, SHEA, O'DONNELL, GRATTAN &
MITCHELL, P.C.

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By

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LAW OFFICES OF

GEARY,
SHEA,
O’DONNELL,
GRATTAN &

MITCHELL
P.C.

/s/ Matthew K. Good
MATTHEW K. GOOD
Attorneys for Defendant
BRIAN MELLAND

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///

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///

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///
________________________________________________________________________________
-2Stipulation and Order to Extend Time to Respond to Complaint and Discovery

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DATED: April 24, 2014

JONES DAY

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By

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/s/ Neal Stephens
NEAL STEPHENS
Attorneys for Defendant
SEAN C. CUTTING

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DATED: April 24, 2014

SCHIFF HARDIN LLP

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By
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/s/ Robert Mullen
ROBERT MULLEN
Attorneys for Plaintiff
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
SONOMA VALLEY BANK

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LAW OFFICES OF

GEARY,
SHEA,
O’DONNELL,
GRATTAN &

MITCHELL
P.C.

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________________________________________________________________________________
-3Stipulation and Order to Extend Time to Respond to Complaint and Discovery

ORDER OF THE COURT

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After reviewing the parties’ Stipulation, and good cause appearing, the Court hereby orders
as follows:
Defendant Brian Melland and Sean Cutting’s last day to respond to plaintiff’s Complaint

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and respond to Request for Production, Set One is hereby extended to such time as the Court rules

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on their Motion(s) to Stay Civil Proceedings Pending Resolution of Criminal Prosecution. If the

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Motion to Stay is denied and the civil action proceeds, Melland and Cutting shall answer the

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Complaint and respond to Request for Production, Set One within ten (10) days after the Court

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issues its ruling denying the Motion to Stay.

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Pursuant to stipulation, IT IS SO ORDERED.
DATED: 4/24/14

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___________________________________________
UNITED STATES DISTRICT COURT JUDGE

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LAW OFFICES OF

GEARY,
SHEA,
O’DONNELL,
GRATTAN &

MITCHELL
P.C.

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________________________________________________________________________________
-4Stipulation and Order to Extend Time to Respond to Complaint and Discovery