United States of America et al v. Academy Mortgage Corporation

Filing 96

STIPULATION AND ORDER re #95 STIPULATION WITH PROPOSED ORDER To Postpone Case Management Conference filed by Academy Mortgage Corporationn. CMC reset for 9/20/18 at 9:30 a.m. Signed by Judge Edward M. Chen on 6/20/18. (bpf, COURT STAFF) (Filed on 6/20/2018)

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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: [phone]
Facsimile: 202.628.2011
Email: [e-mail]

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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: [phone]
Facsimile: 415.442.4870
Email: [e-mail]

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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:
1.

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, March 1, 2018, and June 28, 2018.
2.

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.
3.

The supplemental briefing concerning the United States’ Motion to Dismiss

was completed on January 4, 2018.

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4.

On April 25, 2018, the Court ordered Relator to proffer evidence in support

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of her request for an evidentiary hearing on the United States’ Motion to Dismiss, and for

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the United States to respond to Relator’s submission.

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5.

Relator’s evidentiary proffer was submitted on May 17, 2018, and the United

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States’ response was submitted on May 31, 2018.
6.

The Court has held Academy’s Motion to Dismiss and its Motion to Transfer

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.
7.

Given the United States’ Motion to Dismiss and its possible effect on the

litigation, and given the Court’s decision to hold Academy’s Motions to Dismiss and to
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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JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE

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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
and Initial Case Management Conference for two months.
WHEREFORE, the Parties jointly request that the Case Management Statement
deadline and Initial Case Management Conference be postponed until after August 30, 2018,

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on a date to be set by a future Court Order.

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JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE

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Dated: June 15, 2018

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By: /s/ Mitchel H. Kider
Mitchel H. Kider
Jason W. McElroy
Joseph M. Katz
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]

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 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

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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.
GWEN THROWER,

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Plaintiff,

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[PROPOSED] ORDER TO POSTPONE
INITIAL CASE MANAGEMENT
CONFERENCE

v.
Judge: Hon. Edward M. Chen

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Case No. 16-CV-02120-EMC

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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are hereby postponed, pending a future Order from this Court. CMC reset for 9/20/18

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S

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ERED
O ORD D
IT IS S
Honorable IE
IF Edward M. Chen
S MOD
AUnited States District Court

NO

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6/20/18

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. Chen

ward M
udge Ed

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R NIA

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Dated:

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UNIT
ED

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S DISTRICT
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at 9:30 a.m. Joint CMC
statement due 9/13/18.

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F
D IS T IC T O
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JOINT MOTION AND [PROPOSED] ORDER TO POSTPONE CASE MANAGEMENT CONFERENCE