United States of America et al v. Academy Mortgage Corporation

Filing 64

STIPULATION AND ORDER re #63 MOTION to Dismiss Relator's Amended Complaint. Responses due by 9/15/2017. Replies due by 9/22/2017. US's Motion to Dismiss Hearing is reset for 10/5/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 8/3/17. (bpfS, COURT STAFF) (Filed on 8/3/2017)

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
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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
9 VAN SWEARINGEN — 259809
ROSEN BIEN GALVAN & GRUNFELD LLP
10 50 Fremont Street, 19th Floor
San Francisco, California 94105-2235
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Telephone:
[phone]
Facsimile:
[phone]
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Email:
[e-mail]
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[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
SETTING THE BRIEFING SCHEDULE
AND ORAL ARGUMENT ON THE
UNITED STATES' MOTION TO DISMISS
AND HOLDING IN ABEYANCE
DEFENDANT'S MOTIONS AND THE
CASE MANAGEMENT CONFERENCE

Defendant.
Judge: Hon. Edward M. Chen

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13108466-1]

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

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Relator Gwen Thrower, Defendant Academy Mortgage Corporation, and the United States
hereby stipulate by and through their respective counsel as follows:
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WHEREAS, on April 27, 2017, the Relator filed her Amended Complaint against

defendant Academy Mortgage Corporation ("Defendant"). Docket No. 45.
2.

WHEREAS, on June 8, 2017, Defendant filed an Amended Motion to Transfer
Venue

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(docket No. 48) and Motion to Dismiss the Amended Complaint (docket No. 50) (collectively,

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"Defendant's Motions");

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3.

WHEREAS, by Stipulation and Order, oral argument on Defendants' Motions was

reset for July 27, 2017. Docket No. 47.
4.

WHEREAS, on July 19, 2017, the United States filed a Motion to Dismiss Relator's

Amended Complaint. Docket No. 60.
5.

WHEREAS, on July 20, 2017, the Court reset the Case Management Conference and

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oral argument on Defendant's Motions, and set argument on the United States' Motion to Dismiss

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for August 22, 2017 at 1:30 p.m. See Dkt. No. 62. The Court also reset the deadline for the

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submission of the Case Management Statement to August 15, 2017. See id.

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6.

WHEREAS, upon the request of Relator's counsel, the United States has agreed to

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extend the deadline for Relator's response to the United States' Motion to Dismiss to September

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15, 2017 and to extend the deadline for the United States' reply to September 22, 2017.

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7.

WHEREAS, Relator's counsel has represented that such an extension is needed to

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provide them with sufficient time to prepare Relator's response to the United States' Motion to

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Dismiss.

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8.

WHEREAS, anticipating that the Court was going to hear oral argument on

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Defendant's Motions on July 27, 2017, Relator's counsel has other urgent demands scheduled

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during the month of August, necessitating this request for additional time.

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9.

WHEREAS, Relator's attorneys with principal responsibility for this matter each

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have long-scheduled family vacations and out of the country travel throughout the month of

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August and the Labor Day holiday, making it very difficult for the attorneys to prepare and confer

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regarding the drafting of Relator's response to the United States' Motion to Dismiss.
10.

WHEREAS, no extensions have been requested previously regarding the schedule

for briefing and oral argument on the United States' Motion to Dismiss.
11.

WHEREAS, the Relator, Defendant and the United States stipulate that, in the

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interest of judicial economy, as the determination on the United States' Motion to Dismiss the

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Amended Complaint may obviate the need for the Court to render a decision on Defendants'

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Motions, the hearing and decision(s) on Defendant's Motions and the Case Management

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Conference (and date to submit the corresponding statement) be held in abeyance until after a

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decision is rendered on the United States' Motion to Dismiss.

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12.

WHEREAS, although not involved in the briefing on the United States' Motion to

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Dismiss, Defendant's counsel has indicated that they will likely attend the oral argument on the

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United States' Motion to Dismiss. However, counsel for Defendant may be on trial during parts

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of September.

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13.

WHEREAS, as the United States remains the real party in interest, and pursuant to

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28 U.S.C. § 517, the United States intends to file a Statement of Interest within 10 days of the

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Court scheduling a hearing for oral argument on Defendant's Motion to Dismiss.

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14.

IT IS HEREBY STIPULATED that, upon approval by the Court, the: (1) deadline

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for Relator to respond to the United States' Motion to Dismiss is extended to and including

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September 15, 2017; (2) deadline for the United States to file its reply on its Motion to Dismiss the

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Amended Complaint is extended to and including September 22, 2017; (3) date for oral argument

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on the United States' Motion to Dismiss is reset for October 5, 2017 at 1:30 p.m.; and (4) oral

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argument and decision(s) on Defendant's Motions and the Case Management Conference (and

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date to file the corresponding statement) are held in abeyance pending the Court rendering a

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decision on the United States' Motion to Dismiss.

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STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME

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Dated: August 2, 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 GAL VAN &
GRUNFELD LLP
50 Fremont Street
19th Floor
San Francisco, CA 94105

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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]

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Counsel for Relator

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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: [phone]
Email: [e-mail]

Counsel for Defendant

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By:
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Dougl s Chan
Assistànt U.S. Attorney
United States Attorney's Office
450 Golden Gate Avenue, Box 36055
San Francisco, CA 94102
415-436-6985
Douglas.Chang usdoj.gov

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By:
Jeffrey A. Hall
Bruce D. Bernstein
Trial Attorney
U.S. Department of Justice
Civil Division, Fraud Section
601 D Street, N.W.
Washington, D.C. 20004
202- 353-1329
[e-mail]
Counsel for the United States
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,
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V.

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ACADEMY MORTGAGE CORPORATION,
Defendant.

Case No. 16-CV-02120-EMC
[PROPOSED] ORDER: (1) SETTING
THE BRIEFING SCHEDULE AND
CONTINUING THE HEARING ON THE
UNITED STATES' MOTION TO DISMISS
AND; (2) HOLDING IN ABEYANCE
ORAL ARGUMENT AND DECISION(S)
ON DEFENDANT'S MOTIONS AND THE
CASE MANAGEMENT CONFERENCE
AND STATEMENT
Judge: Hon. Edward M. Chen

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Upon consideration of the Stipulation between the Relator, United States and Defendant to

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set the briefing schedule and oral argument on the United States' Motion to Dismiss the Amended

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Complaint and to hold in abeyance Defendant's Amended Motion to Transfer and Amended

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Motion to Dismiss, and the Case Management Conference and Statement; and good cause

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appearing, IT IS HEREBY ORDERED that the stipulation is GRANTED as follows:

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1. Relator's response to the United States' Motion to Dismiss the Amended Complaint is
now due on September 15, 2017;
2. The United States' deadline to submit a reply to its Motion to Dismiss the Amended
Complaint is now due on September 22, 2017;

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3. Oral argument regarding the United States' Motion to Dismiss the Amended Complaint

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is reset for October 5, 2017 at 1:30 p.m. in Courtroom 5, 17th Floor, United States

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Courthouse in San Francisco;

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4. Defendant's Amended Motion to Transfer Venue and Motion to Dismiss the Amended

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Complaint, and corresponding oral argument, are held in abeyance pending a

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decision on the United States' Motion to Dismiss;

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5. The Case Management Conference set for August 22, 2017 at 1:30 p.m. and deadline

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to submit the Case Management Statement are held in abeyance pending a decision

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on the United States' Motion to Dismiss.

STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME

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R NIA

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RT

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Honorable Edward rd M. Chen
M. Chen
dwa
United States District Court
Judge E

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Dated:

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IT IS S

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8/3/17

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STIPULALATION AND [PROPOSED] ORDER EXTENDING TIME

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