UNITED STATES OF AMERICA et al v. Academy Mortgage Corporation

Filing 67

STIPULATION AND ORDER RESETTINGT HEARING ON 60 MOTION to Dismiss Relator's Amended Complaint. Responses due by 9/25/2017. Replies due by 10/2/2017. Motion Hearing set for 11/9/2017 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 9/15/17. (bpfS, COURT STAFF) (Filed on 9/15/2017)

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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 693 East Avenue 4 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 SANFORD JAY ROSEN — 062566 9 VAN SWEARINGEN — 259809 ROSEN BIEN GALVAN & GRUNFELD LLP 10 50 Fremont Street, 19th Floor San Francisco, California 94105-2235 11 Telephone: (415) 433-6830 (415) 433-7104 12 Facsimile: Email: srosen@rbgg.com 13 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 Case No. 16-CV-02120-EMC STIPULATION AND PROPOSED ORDER RESETTING THE ORAL ARGUMENT DATE AND BRIEFING SCHEDULE REGARDING THE UNITED STATES' MOTION TO DISMIS ACADEMY MORTGAGE CORPORATION, Judge: Hon. Edward M. Chen Defendant. 24 25 26 27 28 [3108466-1] 16-CV-02120-EMC STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE 1 2 3 4 5 Relator Gwen Thrower, Defendant Academy Mortgage Corporation, and the United States hereby stipulate by and through their respective counsel as follows: 1. WHEREAS, on July 19, 2017, the United States filed a Motion to Dismiss Relator's Amended Complaint ("the United States' Motion"). Docket No. 60. 2. WHEREAS, on August 2, 2017, upon the request of the Relator's counsel, the parties 6 stipulated to modify the briefing schedule regarding the United States' Motion to extend: (1) the 7 deadline for Relator to respond to the United States' Motion through and including September 15, 8 2017; (2) the deadline for the United States to file its reply on its Motion through and including 9 September 22, 2017; and (3) the date for oral argument on the United States' Motion be set for 10 11 October 5, 2017 at 1:30 p.m. Docket No. 63. 3. WHEREAS, the parties also stipulated to hold in abeyance the defendant's Amended 12 Motion to Transfer Venue, defendant's Motion to Dismiss, and the Case Management Conference 13 pending a decision on the United States' Motion. Docket No. 63. 14 15 16 4. WHEREAS, on August 3, 2017, this Court granted the parties stipulation as described above in 1112-3. Docket No. 64. 5. WHEREAS, on August 28, 2017, this Court issued a Clerk's Notice resetting the oral 17 argument regarding the United States' Motion from October 5, 2017 to October 12, 2017 at 1:30 18 pm. Docket No. 65. 19 20 21 6. WHEREAS, Relator's counsel is unavailable for oral argument on October 12, 2017 and requests an adjournment of the oral argument. 7. WHEREAS, the parties have conferred regarding the dates that they are available and 22 propose that the oral argument be adjourned until October 26, 2017 at 1:30 p.m. Although defendant 23 has not brought the current motion, defense counsel has indicated that they plan to attend the oral 24 argument during this proposed time. 25 8. WHEREAS, due to eye surgery involving the principal attorney representing the 26 Relator causing that attorney to be out of the office last week and due to recent setbacks from that 27 surgery (including the inability to currently read anything on a computer screen), Relator 28 respectfully requests an extension of time for her to prepare her response to the United States' 1 Motion. 2 9. WHEREAS, in light of the above, the parties have agreed to extend the briefing 3 schedule, extending the deadline for Relator to file her response to the United States' Motion 4 through and including September 25, 2017, and extending the deadline for the United States' to file 5 its reply through and including October 2, 2017. 6 10. WHEREAS, this is the second requested extension of these deadlines. 7 11. WHEREAS, defendant's Motion to Dismiss the Amended Complaint and defendant's 8 Motion to Transfer Venue, as well as the Case Management Conference will continue to be held in 9 abeyance pending a decision on the United States' Motion. 10 12. IT IS HEREBY STIPULATED that, upon approval by the Court: (1) the date for oral 11 argument on the United States' Motion is reset for October 26, 2017 at 1:30 p.m; (2) the deadline 12 for Relator to respond to the United States' Motion is extended to and including September 25, 13 2017; (3) the deadline for the United States to file its reply on its Motion is extended to and including 14 October 2, 2017; and (4) defendant's Motion to Dismiss the Amended Complaint and defendant's 15 Motion to Transfer Venue, as well as the Case Management Conference will continue to be held in 16 abeyance pending a decision on the United States' Motion. 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE 1 Dated: September 14, 2017 2 3 4 5 6 7 8 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 9 Sanford Jay Rosen Van Swearingen ROSEN BIEN GALVAN & GRUNFELD LLP 50 Fremont Street 19th Floor San Francisco, CA 94105 10 11 12 13 Counsel for Relator 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: 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 Defendant 15 16 By: 17 Doughfs 1 Chan .S. Attorney Assist United States Attorney's Office 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 415-436-6985 Douglas.Cha usdo .gov 18 19 20 21 22 By: 27 all Jeffrey ernstein Bruce Trial Attorneys U.S. Department of Justice Civil Division, Fraud Section 601 D Street, N.W. Washington, D.C. 20004 202- 353-1329 jhall@civ.usdoj.gov 28 Counsel for the United States 23 24 25 26 STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE 1 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 3 4 5 UNITED STATES OF AMERICA ex rel. GWEN THROWER, Plaintiff, 6 7 V. Case No. 16-CV-02120-EMC [PROPOSED] ORDER: RESETTING THE ORAL ARGUMENT DATE AND BRIEFING SCHEDULE REGARDING THE UNITED STATES' MOTION TO DISMIS 8 Judge: Hon. Edward M. Chen 9 ACADEMY MORTGAGE CORPORATION, 10 Defendant. 11 12 Upon consideration of the Stipulation between the Relator, United States and Defendant to 13 reset the oral argument and briefing schedule regarding the United States' Motion to Dismiss the 14 Amended Complaint; and good cause appearing, IT IS HEREBY ORDERED that the stipulation is 15 GRANTED as follows: 16 17 18 19 20 21 22 1. Oral argument regarding the United States' Motion to Dismiss the Amended Complaint November 9, 2017 is reset for October 26, 2017 at 1:30 p.m. in Courtroom 5, 17th Floor, United States Courthouse in San Francisco; 2. Relator's deadline to respond to the United States' Motion to Dismiss the Amended Complaint is extended through and including September 25, 2017; 3. The United States' deadline to submit a reply to its Motion to Dismiss the Amended Complaint is extended through and including October 2, 2017; 23 4. Defendant's Amended Motion to Transfer Venue and Motion to Dismiss the Amended 24 Complaint, and corresponding oral argument, as well as the Case Management 25 Conference, continue to be held in abeyance pending the Court's decision on the 26 United States' Motion to Dismiss. 27 28 STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE S 6 R NIA FO LI ER A H 5 Honorable Edward M. Chen hen C a M. United StatesgDistrictrd d e Edw Court Ju RT 4 ERED O ORD D IT IS S DIFIE AS MO NO 3 Dated: UNIT ED 9/15/17 2 RT U O 1 S DISTRICT TE C TA N F D IS T IC T O R C 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE

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