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)
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
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jferris@theemploymentattorneys.com
nthomas@theemploymentattorneys.com
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amgifford@gmail.com
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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:
(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
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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
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
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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.
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.
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Additionally, in light of the requested adjournment of the oral argument of the
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motions, the parties have conferred and agreed to extend the briefing schedule for these motions to
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the below dates:
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June 8, 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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July 6, 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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July 13, 2017: Deadline for Defendant to File Replies to Motion to Dismiss
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Amended Complaint and Motion to Transfer
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6.
This is the third requested extension of these deadlines. The previous extension also
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contemplated the filing of Relator’s Amended Complaint, which was subsequently filed on April
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27, 2017.
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8.
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: May 23, 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: 585-272-0540
Facsimile: 585-272-0574
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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/ 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
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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,
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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
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Upon consideration of the parties’ stipulation to amend the briefing schedule regarding
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Defendant’s Motion to Dismiss the Amended Complaint and Motion to Transfer, and the date of
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oral argument and the case management conference, IT IS HEREBY ORDERED that the
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stipulation is GRANTED as follows:
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1. 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 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.
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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
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Dated: 5/26/2017
RT
U
O
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A joint CMC statement shall be filed by July 20, 2017.
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The July 13, 2017 CMC is reset for July 27, 2017 at 1:30 p.m.
UNIT
ED
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N
F
D IS T IC T O
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STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME
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