UNITED STATES OF AMERICA et al v. Academy Mortgage Corporation

Filing 84

STIPULATION AND ORDER re 82 TO POSTPONE CASE MANAGEMENT CONFERENCE filed by Academy Mortgage Corporation. Case Management Statement due by 2/22/2018. Initial Case Management Conference reset for 3/1/2018 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 1/8/18. (bpfS, COURT STAFF) (Filed on 1/8/2018)

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1 2 3 4 5 6 7 8 Weiner Brodsky Kider PC Mitchel H. Kider, CA Bar No. 116479 1300 19th Street, NW Fifth Floor Washington, DC 20036 Telephone: 202.628.2000 Facsimile: 202.628.2011 Email: kider@thewbkfirm.com Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Thomas M. McInerney, CA Bar No. 162055 Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: 415.442.4810 Facsimile: 415.442.4870 Email: tmm@ogletreedeakins.com 9 Attorneys for Defendant Academy Mortgage Corporation 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 13 14 UNITED STATES OF AMERICA ex rel. GWEN THROWER, 15 Plaintiff, 16 v. 17 ACADEMY MORTGAGE 18 CORPORATION, 19 Case No. 16-CV-02120-EMC JOINT MOTION AND PROPOSED ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE Judge: Hon. Edward M. Chen Defendant. 20 21 22 23 24 25 26 27 28 16-CV-02120-EMC JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE 1 2 Defendant Academy Mortgage Corporation and Relator Gwen Thrower hereby jointly request, by and through their respective counsel, as follows: 3 4 1. The Initial Case Management Conference was initially set for July 13, 2016, 5 and has previously been reset to March 27, 2017, April 27, 2017, July 27, 2017, and 6 January 18, 2018. 7 2. On November 27, 2017, the Clerk reset the Initial Case Management 8 9 10 11 Conference to take place on January 18, 2018 at 9:30 am. 3. States of America’s Motion to Dismiss Relator’s Amended Complaint. 12 13 On November 30, 2017, the Court heard argument regarding the United 4. At that time, the Court asked for further briefing on the United States’ 14 Motion to Dismiss and this supplemental briefing is expected to be completed no later than 15 January 4, 2017. 16 5. Given the United States’ Motion to Dismiss and its possible effect on the 17 18 litigation, counsel for Relator and Defendant have conferred, and both have agreed to, and 19 therefore jointly request, a postponement of the Initial Case Management Conference and 20 the deadline to file the Case Management Statement. 21 22 6. Counsel for the above Parties have conferred and agreed to, and therefore jointly 23 request, that the Court postpone the deadline for the Case Management Statement and Initial 24 Case Management Conference until such time as the Court determines it is appropriate, 25 following any ruling on the United States of America’s Motion to Dismiss Relator’s 26 27 28 Amended Complaint. WHEREFORE, the Parties jointly request that the Case Management Statement 29 30 31 JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE 1 deadline and Initial Case Management Conference be postponed until such time as the Court 2 determines appropriate, to be set by a future Court Order. 3 4 5 Dated: January 4, 2017 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 By: /s/ Mitchel H. Kider Mitchel H. Kider Jason W. McElroy Michael S. Trabon Joseph M. Katz 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 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 Sanford Jay Rosen Van Swearingen ROSEN BIEN GALVAN & GRUNFELD LLP 50 Fremont Street 19th Floor San Francisco, CA 94105 Counsel for Relator 21 22 Counsel for Defendant 23 24 25 26 27 28 29 30 31 JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 3 4 5 UNITED STATES OF AMERICA ex rel. GWEN THROWER, Plaintiff, 6 7 8 9 Case No. 16-CV-02120-EMC [PROPOSED] ORDER TO POSTPONE INITIAL CASE MANAGEMENT CONFERENCE v. Judge: Hon. Edward M. Chen ACADEMY MORTGAGE CORPORATION, Defendant. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE 1 Upon consideration of the parties’ joint request to postpone the Initial Case 2 Management Conference; and good cause appearing, IT IS HEREBY ORDERED that the 3 4 stipulation is GRANTED as follows: The Case Management Statement deadline and Initial Case Management Conference 5 6 are hereby postponed, pending a future Order from this Court. from 1/18/18 to 7 8 S RT 14 dwar Judge E ER 16 en d M. Ch A H 15 R NIA E HonorableRED O ORD Edward M. Chen S SUnited States District Court IT I IFIED S MOD A NO 13 2/22/18. FO 12 CMC statement due LI 1/8/2018 UNIT ED 11 Dated: 3/1/18 at 9:30 a.m. S DISTRICT TE C TA RT U O 9 10 The CMC is reset N F D IS T IC T O R C 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE

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