ResCap Liquidating Trust v. First California Mortgage Company et al

Filing 94

ORDER granting 88 MOTION to Shorten Time. Reset Deadlines as to 87 MOTION to Stay/MOTION to Withdraw as Attorney: Responses due by 5/1/2019; Replies due by 5/6/2019; Motion Hearing reset for 5/8/2019 02:00 PM. Case Management Conference set for 5/8/2019 02:00 PM, both in San Francisco, Courtroom 02, 17th Floor. Signed by Judge William H. Orrick on 04/26/2019. (jmdS, COURT STAFF) (Filed on 4/26/2019)

1
2
3
4
5
6

Jeffrey H. Lowenthal (State Bar No. 111763)
Edward Egan Smith (State Bar No. 169792)
Dana M. Andreoli (State Bar No. 262068)
STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP
235 Pine Street, 15th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
[e-mail]
[e-mail]

7
8
9
10
11

Attorneys for Defendants
FIRST CALIFORNIA MORTGAGE COMPANY;
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, INC.

12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCISCO DIVISION

15
16
17

RESCAP LIQUIDATING TRUST,
Plaintiff,

18
19
20
21
22
23
24
25

v.
FIRST CALIFORNIA MORTGAGE
COMPANY; CHRISTOPHER HART;
DENNIS HART; ELIZABETH HARTARMSTRONG; DAVID ARMSTRONG;
SEAGULL SERVICES, LLC; FIRST
CALIFORNIA LENDING SOLUTIONS;
HART FAMILY FOUNDATION;
D.M.H. FAMILY LIMITED
PARTNERSHIP; and TIVOLI ASSET
MANAGEMENT, INC.,

Case No. 3:18-cv-03283-WHO
Hon. William H. Orrick
ORDER SHORTENING TIME TO ADVANCE
HEARING ON (1) MOTION OF ATTORNEYS
TO WITHDRAW AS COUNSEL FOR
DEFENDANTS AND (2) MOTION FOR
ENTRY OF STAY OF THIS ACTION

Defendants.

26
27

AND RELATED CROSS-ACTION(S).

28
ORDER SHORTENING TIME TO ADVANCE HEARING ON (1) MOTION OF ATTORNEYS TO WITHDRAW
AS COUNSEL FOR DEFENDANTS AND (2) MOTION FOR ENTRY OF STAY OF THIS ACTION
CASE NO. 3:18-CV-03283-WHO
1707853.2 - HART.FIRSTCALIFORNIA

1

Attorneys Jeffrey H. Lowenthal, Edward Egan Smith, Dana M. Andreoli and the law firm

2

of Steyer Lowenthal Boodrookas Alvarez & Smith LLP (collectively “Attorneys”) filed a motion

3

pursuant to Local Rule 6-3 for an order shortening time in order to advance the hearing on

4

Attorneys’ motion for (1) an order granting Attorneys leave to withdraw as counsel for

5

Defendants First California Mortgage Company; Christopher Hart; Dennis Hart; Elizabeth Hart-

6

Armstrong; David Armstrong; Seagull Services, LLC; First California Lending Solutions; Hart

7

Family Foundation; D.M.H. Family Limited Partnership; and Tivoli Asset Management, Inc.

8

(collectively “Defendants”); and (2) an order imposing a brief 45-day stay of this action to permit

9

an orderly withdrawal of Attorneys and Defendants’ appointment of new independent counsel.

10

The Court having reviewed the motion for an order shortening time, and good cause appearing

11

therefore, IT IS HEREBY ORDERED that,

12

Attorneys’ motion for an order shortening time is GRANTED as follows:

13

The motion (1) for an order granting Attorneys leave to withdraw as counsel for

14

Defendants; and (2) for an order imposing a 45-day stay of this action shall be advanced for

15

hearing from June 5, 2019 and shall now be heard on May 8, 2019, at 2:00 p.m., on Courtroom 2,

16

17th Floor, 450 Golden Gate Avenue, San Francisco, CA 94102. The case management

17

conference set for May 7, 2019 continued to May 8, 2019 as well to coincide with the motion

18

hearing. Any opposition shall be filed and served by ECF, email or hand delivery no later than

19

May 1, 2019, and any reply shall be filed and served by ECF, email or hand delivery no later than

20

10:00 a.m. PT on May 6, 2019.

21
22

Attorneys shall serve this motion on Defendants immediately and file a proof service of
this Order on Defendants no later than April 30, 2019.

23
24
25

Dated:April 26, 2019

26

______________________________________
William H. Orrick
United States District Judge

27
28

{

1

ORDER SHORTENING TIME TO ADVANCE HEARING ON (1) MOTION OF ATTORNEYS TO WITHDRAW
AS COUNSEL FOR DEFENDANTS AND (2) MOTION FOR ENTRY OF STAY OF THIS ACTION
CASE NO. 3:18-CV-03283-WHO
1707853.2 - HART.FIRSTCALIFORNIA