United States of America et al v. Academy Mortgage Corporation
Filing
86
STIPULATION AND ORDER re #85 To Postpone Case Management Conference filed by Academy Mortgage Corporation. Case Management Statement due by 5/3/2018. Initial Case Management Conference set for 5/10/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 2/27/18. (bpf, COURT STAFF) (Filed on 2/27/2018)
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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
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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
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Attorneys for Defendant Academy Mortgage Corporation
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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UNITED STATES OF AMERICA ex rel.
14 GWEN THROWER,
Case No. 16-CV-02120-EMC
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JOINT MOTION AND PROPOSED
ORDER TO POSTPONE CASE
MANAGEMENT CONFERENCE
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Plaintiff,
v.
17 ACADEMY MORTGAGE
CORPORATION,
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Defendant.
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Judge: Hon. Edward M. Chen
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16-CV-02120-EMC
JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE
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Defendant Academy Mortgage Corporation and Relator Gwen Thrower hereby
jointly request, by and through their respective counsel, as follows:
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The Initial Case Management Conference was initially set for July 13, 2016,
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and has previously been reset to March 27, 2017, April 27, 2017, July 27, 2017, January
18, 2018, and March 1, 2018.
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On November 30, 2017, the Court heard argument regarding the United
States of America’s Motion to Dismiss Relator’s Amended Complaint. At that time, the
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Court asked for further briefing on the United States’ Motion to Dismiss.
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was completed on January 4, 2018.
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The supplemental briefing concerning the United States’ Motion to Dismiss
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The Court has held Academy’s Motion to Dismiss and its Motion to Transfer
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Venue in abeyance pending its decision on the United States’ Motion to Dismiss the
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Amended Complaint. See Dkt. No. 64; Dkt. No. 72.
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Given the United States’ Motion to Dismiss and its possible effect on the
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litigation, and given the Court’s decision to hold Academy’s Motions to Dismiss and to
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Transfer Venue in abeyance pending its decision on the United States’ Motion, counsel for
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Relator and Defendant have conferred, and both have agreed to, and therefore jointly
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request, a postponement of the Initial Case Management Conference and the deadline to
file the Case Management Statement.
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Counsel for the above Parties have conferred and agreed to, and therefore
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jointly request, that the Court postpone the deadline for the Case Management Statement
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and Initial Case Management Conference for two months.
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JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE
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7.
Counsel for Academy is scheduled to participate in a trial in Texas that will
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begin on April 9, 2018, and is scheduled for two weeks. Accordingly, the Parties ask for a
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date to be set, at the Court’s convenience, after April 23, 2018.
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WHEREFORE, the Parties jointly request that the Case Management Statement
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deadline and Initial Case Management Conference be postponed until after April 23, 2018,
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to be set by a future Court Order.
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Dated: February 20, 2018
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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
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Counsel for Defendant
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JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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UNITED STATES OF AMERICA ex rel.
GWEN THROWER,
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Plaintiff,
Case No. 16-CV-02120-EMC
[PROPOSED] ORDER TO POSTPONE
INITIAL CASE MANAGEMENT
CONFERENCE
v.
Judge: Hon. Edward M. Chen
ACADEMY MORTGAGE
CORPORATION,
Defendant.
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JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE
Upon consideration of the parties’ joint request to postpone the Initial Case
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Management Conference; and good cause appearing, IT IS HEREBY ORDERED that the
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stipulation is GRANTED as follows:
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The Case Management Statement deadline and Initial Case Management Conference
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be filed by 5/3/18.
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ER
R NIA
dward
Judge E
H
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RT
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Honorable Edward M. Chen
D
United SO ORDERE Court
States District
IT IS
DIFIED
AS MO
NO
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UNIT
ED
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2/27/18
S DISTRICT
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C
TA
RT
U
O
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Dated:
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A joint CMC statement shall
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M. Che
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The CMC is reset for 5/10/18 at 9:30 a.m.
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are hereby postponed, pending a future Order from this Court.
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D IS T IC T O
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JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE
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