UNITED STATES OF AMERICA et al v. Academy Mortgage Corporation

Filing 47

STIPULATION AND ORDER RE: MOTIONS TO DISMISS/TRANSFER 46 filed by Gwen Thrower. Case Management Statement due by 7/20/2017. Initial Case Management Conference reset for 7/27/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 5/26/17. (bpfS, COURT STAFF) (Filed on 5/26/2017)

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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 AMENDING THE BRIEFING SCHEDULES FOR MOTION TO DISMISS THE AMENDED COMPLAINT AND DEFENDANT’S MOTION TO TRANSFER AND THE CASE MANAGEMENT CONFERENCE DATE 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 4 5 6 7 8 9 10 11 12 1. This Court previously extended deadlines regarding Defendant’s Motion to Dismiss Relator’s Amended Complaint and Defendant’s Amended Motion to Transfer on April 5, 2017. At this same time, the Court also rescheduled the oral argument of these motions and the case management conference for July 13, 2017 at 1:30 p.m. 2. Due to both Relator’s lead and local counsel being unavailable on July 13, 2017, Relator’s counsel requests an adjournment of the oral argument and case management conference. 3. Relator’s counsel and counsel for Defendant have conferred and propose that the oral argument and case management conference be adjourned until July 27, 2017 at 1:30 p.m. 4. Additionally, in light of the requested adjournment of the oral argument of the 13 motions, the parties have conferred and agreed to extend the briefing schedule for these motions to 14 the below dates: 15 June 8, 2017: Deadline for Defendant to file Motion to Dismiss the Amended 16 Complaint and Amended Motion to Transfer 17 July 6, 2017: Deadline for Relator to File Responses to Motion to Dismiss 18 Amended Complaint and Motion to Transfer 19 July 13, 2017: Deadline for Defendant to File Replies to Motion to Dismiss 20 Amended Complaint and Motion to Transfer 21 6. This is the third requested extension of these deadlines. The previous extension also 22 contemplated the filing of Relator’s Amended Complaint, which was subsequently filed on April 23 27, 2017. 24 25 26 27 28 8. IT IS HEREBY STIPULATED that, upon approval by the Court, the deadlines are extended as set forth above in Paragraph Five. 1 Dated: May 23, 2017 2 3 4 5 6 7 8 9 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 13 Sanford Jay Rosen Van Swearingen ROSEN BIEN GALVAN & GRUNFELD LLP 50 Fremont Street 19th Floor San Francisco, CA 94105 14 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: 202-628-2011 Email: mcelroy@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 10 11 12 15 Counsel for Defendant 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 2 3 4 UNITED STATES OF AMERICA ex rel. GWEN THROWER, 5 Plaintiff, 6 7 8 v. ACADEMY MORTGAGE CORPORATION, 9 Defendant. Case No. 16-CV-02120-EMC [PROPOSED] ORDER AMENDING BRIEFING SCHEDULES FOR MOTION TO DISMISS THE AMENDED COMPLAINT AND DEFENDANT’S MOTION TO TRANSFER AND CASE MANGEMENT CONFERENCE DATE Judge: Hon. Edward M. Chen 10 11 12 Upon consideration of the parties’ stipulation to amend the briefing schedule regarding 13 Defendant’s Motion to Dismiss the Amended Complaint and Motion to Transfer, and the date of 14 oral argument and the case management conference, IT IS HEREBY ORDERED that the 15 stipulation is GRANTED as follows: 16 1. Defendant’s deadline to file a Motion to Dismiss the Amended Complaint and an 17 18 19 20 21 22 23 Amended/Renewed Motion to Transfer is due on June 8, 2017; 2. Relator’s Deadline to File Responses to Motion to Dismiss Amended Complaint and Amended Motion to Transfer is July 6, 2017; 3. Defendant’s Replies to Motion to Dismiss the Amended Complaint and Amended Motion to Transfer are July 13, 2017; 4. The oral argument currently set for July 13, 2017 at 1:30 p.m. is adjourned until July 27, 2017 at 1:30 p.m. 24 S DISTRICT TE C TA Honorable Edward M. Chen ERE United StatesSDistrict D O ORD D Court IT IS DIFIE H LI RT ER Chen FO NO ard M. dw Judge E R NIA AS MO A 28 Dated: 5/26/2017 RT U O 27 A joint CMC statement shall be filed by July 20, 2017. S 26 The July 13, 2017 CMC is reset for July 27, 2017 at 1:30 p.m. UNIT ED 25 N F D IS T IC T O R C STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME

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