Federal Deposit Insurance Corporation v. Switzer et al

Filing 78

STIPULATION AND ORDER OF EXTENSION OF TIME TO ANSWER COMPLAINT. Signed by Judge Richard Seeborg on 5/29/14. (cl, COURT STAFF) (Filed on 5/29/2014)

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George D. Niespolo (SBN 72107)
Stephen H. Sutro (SBN 172168)
DUANE MORRIS LLP
One Market, Spear Tower, Suite 2200
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorney for Defendant
MELVIN SWITZER

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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,

CASE NO. CV 13-03834 RS

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Plaintiff,

STIPULATION OF EXTENSION OF
TIME TO ANSWER COMPLAINT
AND [PROPOSED] ORDER

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v.
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MELVIN J. SWITZER, SEAN C. CUTTING
AND BRIAN MELLAND,
Courtroom: Courtroom 3, 17th Floor
Judge:
Hon. Richard Seeborg

Defendants.

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WHEREAS Plaintiff Federal Deposit Insurance Corporation as Receiver for Sonoma
Valley Bank (FDIC-R”) filed its Complaint in this action on August 19, 2013;
WHEREAS Defendant Melvin J. Switzer filed a Motion to Dismiss in response to the
Complaint;
WHEREAS the Court entered an order denying the Motion to Dismiss on April 9, 2014
and ordered that Defendants file an answer to the complaint within 20 days of the date of the
Court’s order (Dkt. 46);
WHEREAS the Court previously extended the deadline for Defendant Switzer’s answer to
the Complaint to May 29, 2014 (Dkt. 66); and

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Case No. CV 13-03834 RS

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STIPULATION AND ORDER EXTENDING
DATE TO ANSWER COMPLAINT

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WHEREAS Defendant Switzer currently is recovering from a medical procedure and is in
need of extra time to file an answer to the Complaint;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and among the

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undersigned counsel, on behalf of their respective clients, Plaintiff FDIC-R, on the one hand, and

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the Defendant Switzer, on the other hand, as follows:

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Defendant Switzer’s deadline to answer the Complaint will be extended 30 days to June
30, 2014.

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IT IS SO STIPULATED.
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Dated: May 27, 2014
DUANE MORRIS LLP

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_____/s/_________________________
Stephen H. Sutro

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Attorney for Defendant Melvin Switzer

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Dated: May 27, 2014
SCHIFF HARDIN LLP

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_____/s/_________________________
Robert B. Mullen

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Attorney for Plaintiff Federal Deposit Insurance
Corporation as Receiver for Sonoma Valley Bank

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ATTESTATION: Pursuant to General Order 45, Part X-B, the filer attests that
concurrence in the filing of this document has been obtained from the signatories thereto.

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Case No. CV 13-03834 RS

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STIPULATION AND ORDER EXTENDING
DATE TO ANSWER COMPLAINT

[PROPOSED] ORDER

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IT IS SO ORDERED.

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5/29
Dated: _______________, 2014.

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_________________________________________
Honorable Richard Seeborg
U.S. District Court Judge

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DM1\4701899.1

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Case No. CV 13-03834 RS

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STIPULATION AND ORDER EXTENDING
DATE TO ANSWER COMPLAINT