Federal Deposit Insurance Corporation v. Garwood

Filing 38

STIPULATION AND ORDER re 37 STIPULATION Continuing Pretrial and Trial Dates. Discovery cut-off: 5/4/2015. Dispositive motions to be heard by 9/9/2015. Pretrial Conference set for 12/14/2015 02:00 PM and Jury Trial set for 1/25/2016 08:30 AM, both in Courtroom 12, 19th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 10/14/2014. (jmdS, COURT STAFF) (Filed on 10/14/2014)

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Charles G. Miller, State Bar No. 39272
[e-mail]
C. Griffith Towle, State Bar No. 146401
[e-mail]
Michael D. Abraham, State Bar No. 125633
[e-mail]
Kerry L. Duffy, State Bar No. 233160
[e-mail]
BARTKO, ZANKEL, BUNZEL & MILLER
A Professional Law Corporation
One Embarcadero Center, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
FEDERAL DEPOSIT INSURANCE CORPORATION,
as Receiver for Tamalpais Bank of San Rafael, California

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UNITED STATES DISTRICT COURT
One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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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 Tamalpais
Bank of San Rafael, California,

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Plaintiff,
v.
MARK GARWOOD, ALLAN BORTEL,
RICHARD SMITH, CAROLYN HORAN,
JAMES WILLIAMS, JEFFERY TAPPEN,
MICHAEL RICE, and NANCY GRAUTEN,

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Defendants.
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No. 3:14-cv-00390 WHO
STIPULATION AND ORDER
CONTINUING PRETRIAL AND
TRIAL DATES

Complaint Filed:
Trial Date:

January 27, 2104
None Set

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-12318.001/848783.1

STIPULATION AND ORDER CONTINUING PRETRIAL AND TRIAL DATES
Case No. 3:14-cv-00390 WHO

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It is hereby stipulated by and between the FEDERAL DEPOSIT INSURANCE

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CORPORATION, as Receiver for Tamalpais Bank of San Rafael, California (“FDIC-R”), on the

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one hand, and MARK GARWOOD, ALLAN BORTEL, CAROLYN HORAN, JAMES

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WILLIAMS, JEFFERY TAPPEN, MICHAEL RICE, and NANCY GRAUTEN, on the other hand,

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through their respective counsel, as follows:

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1.

among other things, various pretrial and trail dates [Dkt. 28].

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2.

On June 6, 2014, the Court entered its Order Resolving Dispute Over Loan

Files, and ordered that hard copies of Tamalpais Bank files be provided to Defendants for review
and copying [Dkt. 31].

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

On May 14, 2014, the Court issued its Civil Pretrial Order, which set forth,

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On August 21, 2014, Defendants reviewed 70 boxes of documents produced

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by FDIC-R pursuant to the Court’s June 16, 2014 at its facility in Dallas, Texas. One file appeared

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to be an “original” loan file that defendants were seeking and was in the possession of the FDIC-R.

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4.

FDIC-R’s counsel was able to locate additional loan files for twelve (12) of

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the loans at issue in the Complaint that were sold by Tamalpais Bank to CBRE Capital Partners

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U.S. Special Situations I, L.P. (“CBRE”) and/or Coastal Capital Partners, LLC (“Coastal Capital”)

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prior to when FDIC-R took over Tamalpais Bank These files appear to be the “original” loan files

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that defendants were seeking and were in the possession of CBRE and/or Coastal Capital and sent

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to their counsel in Los Angeles, California. Those files were reviewed by counsel for the parties in

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Los Angeles on September 3, 2014.

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5.

To date, the parties have not scheduled a mediation because defendants and

their insurance carrier need to review the original loan files in order to evaluate the case.

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6.

Now that certain original loan files have been located and made available

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for review and copying, the parties are in the process of selecting a mediator and mediation date

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and are hopeful that mediation can take place by the end of November 2014 or the beginning of

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December 2014.

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-12318.001/848783.1

STIPULATION AND ORDER CONTINUING PRETRIAL AND TRIAL DATES
Case No. 3:14-cv-00390 WHO

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7.

In light of foregoing, the parties are desirous of focusing their efforts on

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completing mediation and therefor continuing the pretrial and trial dates scheduled in the Civil

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Pretrial Order for a period of four months, assuming that a mediation is held in either November or

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December 2014. If mediation is not held until after December 2014, the parties may request a

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further continuance from the Court.

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Accordingly, the parties agree that the following dates be continued as

follows:

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Discovery cutoff

From January 2, 2014 to May 4, 2015

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Expert disclosure:

From January 23, 2014 to May 25, 2015

Expert rebuttal:

From February 13, 2014 to June 15, 2015

Expert discovery cutoff:

From March 6, 2014 to August 6, 2015

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Motions heard by:

From May 6, 2015 to September 9, 2015

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Pretrial Conference:

From July 13, 2014 to November 16, 2015

Trial:

From August 24, 2014 to January 25, 2016

One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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SO STIPULATED.

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DATED: October 9, 2014

BARTKO, ZANKEL, BUNZEL & MILLER
A Professional Law Corporation

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By:
Charles G. Miller
Attorneys for Plaintiff
FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for Tamalpais Bank of
San Rafael, California

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DATED: October 9, 2014

PILLSBURY WINTHROP SHAW PITTMAN LLP

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By:
Christine A. Scheuneman
Attorneys for Defendants

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MARK GARWOOD, ALLAN BORTEL, RICHARD
SMITH, CAROLYN HORAN, JAMES WILLIAMS,
JEFFERY TAPPEN, and NANCY GRAUTEN

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-22318.001/848783.1

STIPULATION AND ORDER CONTINUING PRETRIAL AND TRIAL DATES
Case No. 3:14-cv-00390 WHO

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DATED: October 9, 2014

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COOKE KOBRICK & WU LLP

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By:
Christopher C. Cooke
Attorneys for Defendant
MICHAEL RICE

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IT IS HEREBY ORDERED that the following scheduling deadlines and hearing
dates have been set (please note revised pretrial conference date):

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Discovery cutoff

May 4, 2015

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Expert disclosure:

May 25, 2015

Expert rebuttal:

June 15, 2015

Expert discovery cutoff:

July 6, 2015

Motions heard by:

September 9, 2015

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Pretrial Conference:

December 14, 2015

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Trial:

January 25, 2016

One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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DATED: October 14, 2014

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____________________________________
WILLIAM H. ORRICK
United States District Judge

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-32318.001/848783.1

STIPULATION AND ORDER CONTINUING PRETRIAL AND TRIAL DATES
Case No. 3:14-cv-00390 WHO