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 Ext end 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)

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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: (585) 272-0540 Email: nthomas@theemploymentattorneys.com 6 jferris@theemploymentattorneys.com nthomas@theemploymentattorneys.com 7 amgifford@gmail.com 8 9 10 11 12 13 SANFORD JAY ROSEN – 062566 VAN SWEARINGEN – 259809 ROSEN BIEN GALVAN & GRUNFELD LLP 50 Fremont Street, 19th Floor San Francisco, California 94105-2235 Telephone: (415) 433-6830 Facsimile: (415) 433-7104 Email: srosen@rbgg.com vswearingen@rbgg.com 14 Attorneys for 15 RELATOR GWEN THROWER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 16 17 UNITED STATES OF AMERICA ex rel. 18 GWEN THROWER, 19 20 Plaintiff, v. 21 22 23 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 24 25 26 27 28 [3108466-1] 16-CV-02120-EMC STIPULATION AND [PROPOSED] ORDER EXTENDING TIME 1 Relator Gwen Thrower and Defendant Academy Mortgage Corporation hereby stipulate by 2 and through their respective counsel as follows: 3 1. 4 5 2017, making Relator’s response due on March 15, 2017. 2. 6 7 3. 4. Whereas Relator has requested, and Defendant has agreed to, an extension of all the Relator’s above-stated deadlines until April 6, 2017. 5. 12 13 Whereas Defendant filed a Motion to Transfer on March 2, 2017, making Relator’s response to this motion due on March 16, 2017. 10 11 Whereas as under Federal Rule of Civil Procedure 15, Relator has until March 22, 2017 to file an amended complaint. 8 9 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. 14 This extension is requested in order to allow Relator time to adequately prepare 15 responses to both of these motions and/or to amend her complaint as provided under Fed. R. Civ. 16 P. 15. This request is also necessitated by the fact that Relator’s counsel is required to be out of 17 state on business travel for several days during the requested extension period. 18 7. No extensions have previously been requested in this matter. 19 8. A hearing regarding the motion to dismiss and motion to transfer is currently 20 scheduled for April 27, 2017 at 1:30 p.m. Thus, the requested extension will not affect any current 21 schedules or deadlines. 22 23 24 25 26 27 28 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 1 Relator’s responses to Defendant’s Motion to Dismiss and Motion to Transfer are hereby 2 extended to April 20, 2017. 3 4 Dated: March 15, 2017 5 6 7 8 9 10 11 12 13 14 15 16 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: 585-272-0540 Facsimile: 585-272-0574 Sanford Jay Rosen Van Swearingen ROSEN BIEN GALVAN & GRUNFELD LLP 50 Fremont Street 19th Floor San Francisco, CA 94105 17 18 19 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: 202-628-2011 Email: kider@thewbkfirm.com 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: 415-442-4870 Email: tmm@ogletree.com Counsel for Relator Counsel for Defendant 20 21 22 23 24 25 26 27 28 STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 1 2 3 4 UNITED STATES OF AMERICA ex rel. GWEN THROWER, 5 6 7 Plaintiff, v. ACADEMY MORTGAGE CORPORATION, 8 9 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME 1 2 3 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 4 HEREBY ORDERED that the stipulation is GRANTED as follows: 5 1. Relator’s response to Defendant’s Motion to Dismiss is now due on April 6, 2017; 6 2. Relator’s deadline to amend her complaint pursuant to Fed. R. Civ. P. 15 is now April 7 6, 2017; 8 3. Relator’s response to Defendant’s Motion to Transfer is now due April 6, 2017; 9 4. Defendant’s Reply to Relator’s response to Defendant’s Motion to Dismiss is now due 10 on April 20, 2017; 11 5. Defendant’s Reply to Relator’s response to Defendant’s Motion to Transfer is now due 12 on April 20, 2017. 13 6. 14 The hearing on both motions is reset from April 27, 2017 to May 4, 2017 at 1:30 p.m. 23 24 25 26 27 28 R NIA dward Judge E ER H 22 RT 21 A NO 20 ERED D Honorable Edward M. Chen SO OR E IT ISStates DistrictD United S MODIFI Court n M. Che FO 19 March 20, 2017 LI 18 Dated: UNIT ED 17 S DISTRICT TE C TA RT U O S 16 A 15 N F D IS T IC T O R C

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