United States of America et al v. Academy Mortgage Corporation

Filing 99

STIPULATION AND ORDER re #98 To Reset Hearing Date (Joint) filed by Academy Mortgage Corporation re: #48 Amended MOTION to Transfer Case to the District of Utah, #50 MOTION to Dismiss Amended Complaint. Motion Hearing set for 7/19/2018 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Signed by Judge Edward M. Chen on 7/11/18. (bpfS, COURT STAFF) (Filed on 7/11/2018)

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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 RESET HEARING DATE

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Plaintiff,
v.

Judge: Hon. Edward M. Chen

17 ACADEMY MORTGAGE
CORPORATION,
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Defendant.
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16-CV-02120-EMC
JOINT MOTION AND [PROPOSED] ORDER TO RESET HEARING DATE

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Defendant Academy Mortgage Corporation (“Academy”) and Relator Gwen

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Thrower (“Relator”) hereby jointly request, by and through their respective counsel, as

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follows:

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1.

Relator filed an Amended Complaint on April 27, 2017. Dkt. 45.

2.

On June 8, 2017, Academy filed a Motion to Dismiss the Amended

Complaint and an Amended Motion to Transfer Venue. Dkt. 48-50.
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Academy’s Motion to Dismiss and Motion to Transfer were originally set for

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hearing on July 27, 2017.
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Relator’s Complaint.

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On July 19, 2017, the United States of America filed a Motion to Dismiss

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On July 20, 2017, the Court sua sponte postponed the hearing on Academy’s

Motion to Dismiss and Motion to Transfer to August 22, 2017.
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At the joint request of Relator, Academy, and the United States, the Court

has held Academy’s Motion to Dismiss and its Motion to Transfer Venue in abeyance

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pending its decision on the United States’ Motion to Dismiss the Amended Complaint, and

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removed the hearing on those motions from its docket. See Dkt. No. 64; Dkt. No. 72.

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7.

On June 29, 2018, the Court denied the United States’ Motion to Dismiss the

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Amended Complaint, and Denied as Moot Relator’s Request for an Evidentiary Hearing.
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Given the Court’s denial of the United States’ Motion to Dismiss, Relator

and Academy agree that Academy’s Motion to Dismiss and Motion to Transfer Venue are

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now ripe to be heard, and therefore jointly request that the hearing be placed back on the
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Court’s docket.

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JOINT MOTION AND [PROPOSED] ORDER TO RESET HEARING

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Counsel for the Parties have conferred and agreed to, and therefore jointly

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request, that the Court place the hearing on Academy’s Motion to Dismiss and Motion to

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Transfer on the docket for August 2, 2018, at 1:30 pm.

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WHEREFORE, the Parties jointly request that the hearing on Academy’s Motion to

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Dismiss the Amended Complaint and Motion to Transfer Venue be placed on the Court’s

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docket for August 2, 2018 at 1:30 pm.

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Dated: July 6, 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 RESET HEARING

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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 TO RESET
HEARING
Judge: Hon. Edward M. Chen

ACADEMY MORTGAGE
CORPORATION,
Defendant.

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JOINT MOTION AND [PROPOSED] ORDER TO RESET HEARING

Upon consideration of the parties’ joint request to reset the hearing on Academy’s

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Motion to Dismiss the Amended Complaint and Motion to Transfer Venue, and good cause

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appearing, IT IS HEREBY ORDERED that the stipulation is GRANTED as follows:

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The hearing on Academy’s Motion to Dismiss the Amended Complaint and Motion

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July 19

to Transfer Venue shall be placed on the Court’s docket for August 2, 2018 at 1:30 pm.

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Judge E

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Honorable EdwardDERED
OR M. Chen
IS SODistrictED
United States DIFI Court
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7/11/2018

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Dated:

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JOINT MOTION AND [PROPOSED] ORDER TO RESET HEARING