Federal Deposit Insurance Corporation as Receiver for AmTrust Bank v. RPM Mortgage, Inc.

Filing 50

STIPULATION AND ORDER re 47 to Modify Case Management Order filed by Federal Deposit Insurance Corporation as Receiver for AmTrust Bank. Signed by Judge Edward M. Chen on 10/27/16. (bpfS, COURT STAFF) (Filed on 10/27/2016)

1 MORTGAGE RECOVERY LAW GROUP LLP
PAUL A. LEVIN (State Bar No. 229077)
2 DANA J. CLAUSEN (State Bar No. 223212)
3 700 North Brand Boulevard, Suite 830
Glendale, California 91203
4 TELEPHONE: [phone] FACSIMILE: [phone]
5 e-mail: [e-mail]
[e-mail]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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10 FEDERAL DEPOSIT INSURANCE
CORPORATION as Receiver for
11 AMTRUST BANK
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Plaintiff,
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vs.

RPM MORTGAGE, INC., a California
15 corporation d/b/a RESIDENTIAL
PACIFIC MORTGAGE, f/k/a NL, INC.
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Defendant.
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Case No. 3:15-cv-05534-EMC
Hon. Edward Chen
STIPULATION TO MODIFY CASE
MANAGEMENT ORDER
Current Trial Date: June 5, 2017
Proposed Trial Date: Sept. 5, 2017

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STIPULATION TO MODIFY CASE MANAGEMENT ORDER

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IT IS HEREBY STIPULATED, by and between Plaintiff Federal Deposit

2 Insurance Corporation as Receiver for AmTrust Bank (hereinafter “FDIC-R” or
3 “Plaintiff”), and Defendant RPM Mortgage, Inc., a California corporation d/b/a
4 Residential Pacific Mortgage, f/k/a NL, Inc. (“RPM” or “Defendant”) (collectively,
5 the “Parties”), through their respective counsel, as follows:
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1.

On October 6, 2016, the Court granted Defendant’s unopposed Motion

7 for Leave to File a Third Party Complaint. (Docket No. 39.)
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2.

On October 7, 2016, Defendant filed a Third Party Complaint against

9 certain third party defendants. (Docket No. 42.)
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3.

Pursuant to the existing Case Management Order, the non-expert

11 discovery cut-off in this case is currently December 1, 2016. (Docket No. 27.)
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4.

The Parties have begun scheduling depositions of party and non-party

13 witnesses during the next few weeks to ensure that fact discovery is completed
14 before the current December 1, 2016 discovery cut-off.
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5.

Certain depositions are scheduled to take place before or immediately

16 after the upcoming November 10, 2016 status conference.
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6.

The Parties believe that the third-party defendants named in

18 Defendant’s Third Party Complaint may wish to depose the aforementioned party
19 and non-party witnesses.
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7.

In order for the third-party defendants to fully participate in discovery,

21 the Parties believe that the current December 1, 2016 discovery cut-off, as well as
22 the June 5, 2017 trial date, will need to be continued by approximately three (3)
23 months.
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8.

Because the Parties cannot take these depositions off-calendar and still

25 comply with the existing December 1, 2016 discovery cut-off, and because certain
26 depositions are scheduled to take place before or immediately after the November
27 10, 2016 status conference, the Parties respectfully request that the Court modify the
[480429/1]

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STIPULATION TO MODIFY CASE MANAGEMENT ORDER

1 Case Management Order now, rather than waiting to do so until the status
2 conference.
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9.

The Parties have met and conferred regarding this issue. The third-

4 party defendants have not yet been served with Defendant’s Third Party Complaint
5 and did not participate in the conference regarding this issue.
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WHEREFORE, THE PARTIES HEREBY STIPULATE AND

8 REQUEST, by and through their respective attorneys, as follows:
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That the existing case management order be modified as follows:

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Current Date

Proposed New Date

Trial

June 5, 2017
8:30 a.m.

September 5, 2017
8:30 a.m.

Final Pretrial Conference

May 9, 2017
2:30 p.m.

August 8, 2017
2:30 p.m.

Dispositive Motions

Feb. 23, 2017
1:30 p.m.
(last day to be heard)

May 25, 2017
1:30 p.m.
(last day to be heard)

Dec. 1, 2016

March 1, 2017

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Non-Expert Discovery
Cut-off

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Expert Reports

Opening: Dec. 1, 2016
Rebuttal: Dec. 22, 2016

Opening: March 1, 2017
Rebuttal: March 22, 2017

Expert Discovery Cut-off

Jan. 12, 2017

April 12, 2017

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[480429/1]

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STIPULATION TO MODIFY CASE MANAGEMENT ORDER

1 DATED: October 18, 2016
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MORTGAGE RECOVERY LAW GROUP
LLP
By: /s/ Dana J. Clausen
Dana J. Clausen
Attorneys for Plaintiff Federal Deposit
Insurance Corporation as Receiver for
AmTrust Bank

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DATED: October 18, 2016

MILLER STARR REGALIA

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By: /s/ David E. Harris
David E. Harris
Attorneys for Defendants RPM MORTGAGE,
INC., a California corporation d/b/a
RESIDENTIAL PACIFIC MORTGAGE, INC.
f/k/a NL, INC.

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[480429/1]

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STIPULATION TO MODIFY CASE MANAGEMENT ORDER

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[PROPOSED] ORDER

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IT IS ORDERED that the Case Management Order shall be modified as

3 follows:
Current Date

New Date

Trial

June 5, 2017
8:30 a.m.

September 5, 2017
8:30 a.m.

Final Pretrial Conference

May 9, 2017
2:30 p.m.

August 8, 2017
2:30 p.m.

Dispositive Motions

Feb. 23, 2017
1:30 p.m.
(last day to be heard)

May 25, 2017
1:30 p.m.
(last day to be heard)

Dec. 1, 2016

March 1, 2017

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Non-Expert Discovery
Cut-off

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Expert Reports

Opening: Dec. 1, 2016
Rebuttal: Dec. 22, 2016

Opening: March 1, 2017
Rebuttal: March 22, 2017

Expert Discovery Cut-off

Jan. 12, 2017

April 12, 2017

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_________________________________
DERED
The Honorable EdwardD Chen
SO OR E M.
IT IS
DIFI
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Dated:__________________

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10/27/2016

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See Minute Order #49 filed 10/27/2016

UNIT
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STIPULATION TO MODIFY CASE MANAGEMENT ORDER

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