United States of America et al v. Academy Mortgage Corporation

Filing 43

STIPULATION AND ORDER re #42 vacating 5/4/17 motion hearing and resetting briefing schedule for Motion to Dismiss Amended Complaint and CMC. Signed by Judge Edward M. Chen on 4/5/17. (bpf, COURT STAFF) (Filed on 4/5/2017)

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
AMEND THE COMPLAINT AND
SETTING BRIEFING SCHEDULES FOR
MOTION TO DISMISS THE AMENDED
COMPLAINT AND 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.

Whereas the current deadline for Relator to respond to Defendant’s Motion to

Dismiss Relator’s Complaint, for Relator to file an amended complaint, and to respond to
Defendant’s Motion to Transfer is April 6, 2017. Under the current schedule, the deadlines for
defendant’s replies regarding these motions is April 20, 2017.
2.

These deadlines were previously extended by this Court on March 20, 2017 pursuant

to a stipulation between the parties. This was the first and only extension of these deadlines.
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Whereas Relator now intends to amend her Complaint therefore mooting

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Defendant’s current Motion to Dismiss. The anticipated amended complaint may also cause

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Defendant to amend or re-file its Motion to Transfer.

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4.

An extension of these deadlines is requested in order to allow Relator time to

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sufficiently prepare an amended complaint. This request is also necessitated by a recent death in

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the family of one of Relator’s attorneys and out of country travel for two weeks in April of another

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of Relator’s attorneys.

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5.

Whereas the parties have conferred and propose the following schedule in light of

the above:

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April 27, 2017: Deadline for Relator to file an Amended Complaint

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May 25, 2017: Deadline for Defendant to file Motion to Dismiss the Amended

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Complaint and Amended Motion to Transfer

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June 22, 2017: Deadline for Relator to File Responses to Motion to Dismiss

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Amended Complaint and Motion to Transfer

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June 30, 2017: Deadline for Defendant to File Replies to Motion to Dismiss

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Amended Complaint and Motion to Transfer
6.

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

scheduled for May 4, 2017 at 1:30 p.m. The parties respectfully request that the Court reschedule
oral argument in this matter for a time that is convenient for the Court in light of the above
STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME

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schedule.
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Additionally, a case management conference in this action is currently set for April

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27, 2017 at 1:30 p.m. In light of the proposed schedule above, the parties respectfully request that

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the case management conference be rescheduled for the same date and time that the Court sets for

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oral argument on the Motion to Dismiss the Amended Complaint and Motion to Transfer.

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IT IS HEREBY STIPULATED that, upon approval by the Court, the deadlines are

extended as set forth above in Paragraph Five.

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Dated: April 4, 2017

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

By: /s/ Jason W. McElroy
Jason W. McElroy
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

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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,

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v.
ACADEMY MORTGAGE CORPORATION,

Case No. 16-CV-02120-EMC
[PROPOSED] ORDER EXTENDING
RELATOR’S TIME TO AMEND THE
COMPLAINT AND SETTING BRIEFING
SCHEDULES FOR MOTION TO
DISMISS THE AMENDED COMPLAINT
AND DEFENDANT’S MOTION TO
TRANSFER

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 amend her
complaint and the parties’ proposed briefing schedule regarding Defendant’s Motion to Dismiss
the Amended Complaint and Motion to Transfer, IT IS HEREBY ORDERED that the stipulation

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is GRANTED as follows:
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1. Relator’s Amended Complaint is now due on April 27, 2017;

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2. Defendant’s deadline to file a Motion to Dismiss the Amended Complaint and an

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Amended/Renewed Motion to Transfer is due on May 25, 2017;

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3.

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Relator’s Deadline to File Responses to Motion to Dismiss Amended Complaint and
Amended Motion to Transfer is June 22, 2017;

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4. Defendant’s Replies to Motion to Dismiss the Amended Complaint and Amended
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Motion to Transfer are June 30, 2017;

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5. The oral argument currently set for May 4, 2017 at 1:30 p.m. is rescheduled for a date
July 13, 2017 at 1:30 p.m.
and time that is convenient for the Court in light of the above briefing schedule.

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6. The case management conference currently scheduled for April 27, 2017 at 1:30 p.m. is

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rescheduled for the same date and time that the Court sets for oral argument on the

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Motion to Dismiss the Amended Complaint and Motion to Transfer.

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July 13, 2017
at 1:30 p.m.

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HonorablegEdward M. Chen
United States District Court

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4/5/2017
Dated:

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