United States of America et al v. Academy Mortgage Corporation

Filing 35

STIPULATION AND ORDER re #34 to Extend Time to Respond/Reply to Motion to Dismiss, Motion to Transfer, and Time to Amend Complaint filed by Gwen Thrower, Set/Reset Deadlines as to #34 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond/Reply to Motion to Dismiss, Motion to Transfer, and Time to Amend Complaint, #23 MOTION to Dismiss the Complaint, #27 MOTION to Transfer Case . Motion Hearing reset from 4/27/2017 to 5/4/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 3/20/17. (bpf, COURT STAFF) (Filed on 3/20/2017)

1 J. NELSON THOMAS (admitted pro hac vice)
JONATHAN W. FERRIS (admitted pro hac vice)

2 MICHAEL J. LINGLE (admitted pro hac vice)
ANNETTE M. GIFFORD - 270777

3 THOMAS & SOLOMON LLP
4 693 East Avenue

Rochester, New York 14607
5 Telephone: [phone]
Email:
[e-mail]
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[e-mail]
[e-mail]
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[e-mail]

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SANFORD JAY ROSEN – 062566
VAN SWEARINGEN – 259809
ROSEN BIEN GALVAN & GRUNFELD LLP
50 Fremont Street, 19th Floor
San Francisco, California 94105-2235
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]

14 Attorneys for
15 RELATOR GWEN THROWER
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA ex rel.

18 GWEN THROWER,
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Plaintiff,
v.

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ACADEMY MORTGAGE CORPORATION,

Case No. 16-CV-02120-EMC
STIPULATION AND PROPOSED ORDER
EXTENDING RELATOR’S TIME TO: (1)
RESPOND TO DEFENDANT’S MOTION
TO DISMISS THE COMPLAINT; (2)
AMEND THE COMPLAINT UNDER FED.
R. CIV P. 15; AND (3) RESPOND TO
DEFENDANT’S MOTION TO TRANSFER

Defendant.
Judge: Hon. Edward M. Chen

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[3108466-1]

16-CV-02120-EMC
STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

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Relator Gwen Thrower and Defendant Academy Mortgage Corporation hereby stipulate by
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and through their respective counsel as follows:
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1.

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2017, making Relator’s response due on March 15, 2017.
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Whereas Relator has requested, and Defendant has agreed to, an extension of all the

Relator’s above-stated deadlines until April 6, 2017.
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Whereas Defendant filed a Motion to Transfer on March 2, 2017, making Relator’s

response to this motion due on March 16, 2017.

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Whereas as under Federal Rule of Civil Procedure 15, Relator has until March 22,

2017 to file an amended complaint.

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Whereas Defendant filed a Motion to Dismiss Relator’s Complaint on March 1,

Whereas Relator has agreed to extend Defendant’s deadlines to reply to Relator’s

responses to Defendant’s Motion to Dismiss and Motion to Transfer until April 20, 2017.
6.

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This extension is requested in order to allow Relator time to adequately prepare

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responses to both of these motions and/or to amend her complaint as provided under Fed. R. Civ.

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P. 15. This request is also necessitated by the fact that Relator’s counsel is required to be out of

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state on business travel for several days during the requested extension period.

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7.

No extensions have previously been requested in this matter.

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8.

A hearing regarding the motion to dismiss and motion to transfer is currently

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scheduled for April 27, 2017 at 1:30 p.m. Thus, the requested extension will not affect any current

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schedules or deadlines.

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9.

Whereas counsel for the above parties have conferred and agreed to extend the

Relator’s above deadlines until April 6, 2017 and the Defendant’s above deadlines until April 20,
2017.
IT IS HEREBY STIPULATED that, upon approval by the Court, the deadlines for Relator
to respond to Defendant’s Motion to Dismiss, Motion to Transfer, and the deadline for Relator to
amend her complaint pursuant to Fed R. Civ. P. 15 are hereby extended to April 6, 2017; and it
is further stipulated that, upon approval by the Court, the deadlines for Defendant to reply to
STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME

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Relator’s responses to Defendant’s Motion to Dismiss and Motion to Transfer are hereby

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extended to April 20, 2017.

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Dated: March 15, 2017

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By: /s/ Jonathan W. Ferris
J. Nelson Thomas
Michael J. Lingle
Jonathan W. Ferris
Annette M. Gifford
THOMAS & SOLOMON LLP
693 East Avenue
Rochester, NY 14607
Telephone: [phone]
Facsimile: 585-272-0574
Sanford Jay Rosen
Van Swearingen
ROSEN BIEN GALVAN &
GRUNFELD LLP
50 Fremont Street
19th Floor
San Francisco, CA 94105

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By: /s/ Mitchell H. Kider
Mitchell H. Kider
WEINER BRODSKY KIDER PC
1300 19th Street, N.W.
Suite 500
Washington, DC 20036
202-628-2000
Fax: [phone]
Email: [e-mail]
Thomas Michael McInerney
OGLETREE DEAKINS NASH SMOAK
& STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
415-442-4810
Fax: [phone]
Email: [e-mail]

Counsel for Relator
Counsel for Defendant

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STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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UNITED STATES OF AMERICA ex rel.
GWEN THROWER,

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Plaintiff,
v.
ACADEMY MORTGAGE CORPORATION,

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Case No. 16-CV-02120-EMC
[PROPOSED] ORDER TO EXTEND
RELATOR’S TIME TO: (1) RESPOND TO
DEFENDANT’S MOTION TO DISMISS
THE COMPLAINT; (2) AMEND THE
COMPLAINT UNDER FED. R. CIV P. 15;
AND (3) RESPOND TO DEFENDANT’S
MOTION TO TRANSFER (modified)

Defendant.
Judge: Hon. Edward M. Chen

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STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME

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Upon consideration of the parties’ stipulation to extend the time for Relator to: (1) respond
to Defendant’s Motion to Dismiss the Complaint; (2) amend the complaint pursuant to Fed. R.
Civ. 15; and (3) respond to Defendant’s Motion to Transfer; and good cause appearing, IT IS

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HEREBY ORDERED that the stipulation is GRANTED as follows:
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1. Relator’s response to Defendant’s Motion to Dismiss is now due on April 6, 2017;

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2. Relator’s deadline to amend her complaint pursuant to Fed. R. Civ. P. 15 is now April

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6, 2017;

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3. Relator’s response to Defendant’s Motion to Transfer is now due April 6, 2017;

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4. Defendant’s Reply to Relator’s response to Defendant’s Motion to Dismiss is now due

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on April 20, 2017;

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5. Defendant’s Reply to Relator’s response to Defendant’s Motion to Transfer is now due

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on April 20, 2017.

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6.

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The hearing on both motions is reset from April 27, 2017
to May 4, 2017 at 1:30 p.m.

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