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)

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
693 East Avenue
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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]
[phone]
12 Facsimile:
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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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.

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[3108466-1]

16-CV-02120-EMC
STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE

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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 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

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stipulated to modify the briefing schedule regarding the United States' Motion to extend: (1) the

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deadline for Relator to respond to the United States' Motion through and including September 15,

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2017; (2) the deadline for the United States to file its reply on its Motion through and including

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September 22, 2017; and (3) the date for oral argument on the United States' Motion be set for

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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

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Motion to Transfer Venue, defendant's Motion to Dismiss, and the Case Management Conference

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pending a decision on the United States' Motion. Docket No. 63.

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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

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argument regarding the United States' Motion from October 5, 2017 to October 12, 2017 at 1:30

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pm. Docket No. 65.

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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

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propose that the oral argument be adjourned until October 26, 2017 at 1:30 p.m. Although defendant

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has not brought the current motion, defense counsel has indicated that they plan to attend the oral

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argument during this proposed time.

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8.

WHEREAS, due to eye surgery involving the principal attorney representing the

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Relator causing that attorney to be out of the office last week and due to recent setbacks from that

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surgery (including the inability to currently read anything on a computer screen), Relator

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respectfully requests an extension of time for her to prepare her response to the United States'

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Motion.

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WHEREAS, in light of the above, the parties have agreed to extend the briefing

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schedule, extending the deadline for Relator to file her response to the United States' Motion

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through and including September 25, 2017, and extending the deadline for the United States' to file

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its reply through and including October 2, 2017.

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10.

WHEREAS, this is the second requested extension of these deadlines.

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WHEREAS, defendant's Motion to Dismiss the Amended Complaint and defendant's

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Motion to Transfer Venue, as well as the Case Management Conference will continue to be held in

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abeyance pending a decision on the United States' Motion.

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IT IS HEREBY STIPULATED that, upon approval by the Court: (1) the date for oral

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argument on the United States' Motion is reset for October 26, 2017 at 1:30 p.m; (2) the deadline

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for Relator to respond to the United States' Motion is extended to and including September 25,

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2017; (3) the deadline for the United States to file its reply on its Motion is extended to and including

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October 2, 2017; and (4) defendant's Motion to Dismiss the Amended Complaint and defendant's

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Motion to Transfer Venue, as well as the Case Management Conference will continue to be held in

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abeyance pending a decision on the United States' Motion.

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STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE

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Dated: September 14, 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

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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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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]
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 Defendant

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By:
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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

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By:

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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
[e-mail]

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Counsel for the United States

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STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE

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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,
Plaintiff,

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V.

Case No. 16-CV-02120-EMC
[PROPOSED] ORDER: RESETTING THE
ORAL ARGUMENT DATE AND
BRIEFING SCHEDULE REGARDING
THE UNITED STATES' MOTION TO
DISMIS

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Judge: Hon. Edward M. Chen

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ACADEMY MORTGAGE CORPORATION,
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Defendant.
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Upon consideration of the Stipulation between the Relator, United States and Defendant to

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reset the oral argument and briefing schedule regarding the United States' Motion to Dismiss the

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Amended Complaint; and good cause appearing, IT IS HEREBY ORDERED that the stipulation is

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GRANTED as follows:

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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;

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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, as well as the Case Management

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Conference, continue to be held in abeyance pending the Court's decision on the

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United States' Motion to Dismiss.

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STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE

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STIPULATION AND [PROPOSED] ORDER RESETTING ORAL ARGUMENT AND BRIEFING SCHEDULE