ResCap Liquidating Trust v. First California Mortgage Company et al

Filing 49

ORDER REGARDING BRIEFING SCHEDULE as to 45 MOTION to Dismiss/Strike. Response due by 12/28/2018. Reply due by 1/10/2019. Signed by Judge William H. Orrick on 12/18/2018. (jmdS, COURT STAFF) (Filed on 12/18/2018)

1 FINESTONE HAYES LLP
Jennifer C. Hayes (Bar No. 197252)
2 [e-mail]
456 Montgomery Street, 20th Floor
3 San Francisco, California 94104
Telephone:
[phone]
4 Facsimile:
[phone]
5 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Anthony P. Alden (Bar No. 232220)
6 [e-mail]
865 South Figueroa Street, 10th Floor
7 Los Angeles, California 90017-2543
Telephone:
[phone]
8 Facsimile:
[phone]
9 Attorneys for Plaintiff ResCap Liquidating Trust
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

13 RESCAP LIQUIDATING TRUST,
Plaintiff,
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vs.
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FIRST CALIFORNIA MORTGAGE
16 COMPANY; CHRISTOPHER HART;
DENNIS HART; ELIZABETH HART17 ARMSTRONG; DAVID ARMSTRONG;
SEAGULL SERVICES, LLC; FIRST
18 CALIFORNIA LENDING SOLUTIONS;
HART FAMILY FOUNDATION; D.M.H.
19 FAMILY LIMITED PARTNERSHIP; and
TIVOLI ASSET MANAGEMENT, INC.,
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Defendants,
CHRISTOPHER HART; DENNIS HART;
21 ELIZABETH HART-ARMSTRONG;
DAVID ARMSTRONG; SEAGULL
22 SERVICES, LLC; FIRST CALIFORNIA
LENDING SOLUTIONS; HART FAMILY
23 FOUNDATION; and D.M.H. FAMILY
LIMITED PARTNERSHIP,
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Counterclaimants,
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Case No. 3:18-cv-03283-WHO
STIPULATION REGARDING BRIEFING
SCHEDULE ON PLAINTIFF’S MOTION TO
DISMISS COUNTERCLAIMS, STRIKE
ALLEGATIONS CONCERNING
CONFIDENTIAL SETTLEMENT
COMMUNICATIONS, AND STRIKE
AFFIRMATIVE DEFENSES [DKT NO. 45]

vs.

26 RESCAP LIQUIDATING TRUST; and
FIRST CALIFORNIA MORTGAGE
27 COMPANY,
Counterdefendants.
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STIPULATION REGARDING BRIEFING SCHEDULE

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Pursuant to Civil Local Rules 6-1(b) and 6-2, ResCap Liquidating Trust (“Plaintiff”);

2 Defendants Christopher Hart; Dennis Hart; Elizabeth Hart-Armstrong; David Armstrong; Seagull
3 Services, LLC; First California Lending Solutions; Hart Family Foundation; D.M.H. Family
4 Limited Partnership (collectively, “Counterclaimants”); Defendant Tivoli Asset Management
5 (together with Counterclaimants, the “non-FCMC Defendants”), and Defendant First California
6 Mortgage Company (individually, “FCMC,” and together with the non-FCMC Defendants,
7 “Defendants”) hereby file their Stipulation Regarding Briefing Schedule on Plaintiff’s Motion to
8 Dismiss Counterclaims, Strike Allegations Concerning Confidential Settlement Communications,
9 and Strike Affirmative Defenses (Dkt. No. 45):
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RECITALS

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A.

On July 19, 2018, FCMC filed an Answer to Plaintiff’s Complaint (Dkt. No. 18).

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B.

On November 15, 2018, the non-FCMC Defendants filed an Answer to Plaintiff’s

13 Complaint (Dkt. No. 42), and Counterclaimants filed Counterclaims (Dkt. No. 43).
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C.

On December 6, 2018, Plaintiff filed a Motion to Dismiss Counterclaims, Stike

15 Allegations Concerning Confidential Settlement Communications, and Strike Affirmative
16 Defenses (Dkt. No. 45) (the “Motion”).
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D.

Pursuant to Civil Local Rule 7-3, the current deadline for Defendants to file an

18 Opposition to the Motion is December 20, 2018, and the current deadline for Plaintiff to file a
19 Reply is December 27, 2018.
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E.

A hearing on the Motion is currently scheduled for January 23, 2019, at 2:00 p.m.

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F.

Subject to the Court’s approval, the parties have agreed, in light of the Christmas

22 and New Year holidays, to extend the Opposition filing deadline to December 28, 2018, and the
23 Reply filing deadline to January 10, 2019.
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G.

The parties previously stipulated to extend the briefing schedule for the non-FCMC

25 Defendants’ Motion to Partially Dismiss the Complaint (Dkt. No. 22), and the Court so-ordered
26 that stipulation (Dkt. No. 24). The parties also stipulated to continue the Initial Case Management
27 Conference to the same date as the hearing on the non-FCMC Defendants’ Motion to Dismiss
28 (Dkt. Nos. 30 and 31), and the Court so-ordered that stipulation (Dkt. No. 33).
-iSTIPULATION REGARDING BRIEFING SCHEDULE

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H.

Modification of the briefing schedule for the Plaintiff’s Motion would not affect the

2 January 23, 2019 hearing on the Motion or any other currently scheduled dates in the case.
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4

STIPULATION
Subject to the Court’s approval, the deadline for Defendants to file an Opposition to the

5 Motion shall be December 28, 2018, and the deadline for Plaintiff to file a Reply in support of the
6 Motion shall be January 10, 2019.
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8 DATED: December 11, 2018

FINESTONE HAYES LLP

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By: Jennifer C. Hayes
Jennifer Hayes

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QUINN EMANUEL URQUHART &
SULLIVAN LLP
Anthony P. Alden

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Attorneys for Plaintiff ResCap Liquidating
Trust

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DATED: December 7, 2018
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STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP

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By: Edward Egan Smith
Edward Egan Smith

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Attorneys for Defendant Christopher Hart,
Dennis Hart; Elizabeth Hart-Armstrong, David
Armstrong, Seagull Services, LLC, First
California Lending Solutions, Hart Family
Foundation, D.M.H. Family Limited
Partnership, and Tivoli Asset Management

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-iiSTIPULATION REGARDING BRIEFING SCHEDULE

1 DATED: December___, 2018

SCHEER LAW GROUP, LLC

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By: Spencer P. Scheer
Spencer P. Scheer

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Attorneys for Defendant First California
Mortgage Company

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: December 18, 2018

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William H. Orrick
UNITED STATES DISTRICT JUDGE

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-iiiSTIPULATION REGARDING BRIEFING SCHEDULE