Casissa v. First Republic Bank

Filing 73

ORDER Granting 72 Stipulation Continuing Trial and Resetting PreTrial Deadlines. Discovery due by 5/15/2012. Case Management Statement due by 5/10/2012. Further Case Management Conference set for 5/17/2012 02:00 PM. Motion Hearing set for 5/17/20 12 02:00 PM before Hon. Claudia Wilken. Final Pretrial Conference set for 8/7/2012 02:00 PM. Jury Selection set for 8/21/2012 08:30 AM before Hon. Claudia Wilken. Jury Trial (8 day) set for 8/21/2012 08:30 AM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 8/2/2012. (ndr, COURT STAFF) (Filed on 8/2/2011)

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Stephen R. Jaffe, State Bar No. 49539
LAW OFFICES OF STEPHEN R. JAFFE
101 California Street, Suite 2450
San Francisco, CA 94111
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiffs,
FREDERICK J. CASISSA and
ELIZABETH RIGGINS

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Steven R. Blackburn, State Bar No. 154797
Andrew J. Sommer, State Bar No. 192844
EPSTEIN BECKER & GREEN, P.C.
One California Street, 26th Floor
San Francisco, California 94111-5427
Telephone: [phone]
Facsimile: 415.398.0955
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendant,
BANK OF AMERICA, N.A. (as successor in interest
to Merrill Lynch Bank and Trust Company, FSB)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREDERICK J. CASISSA,
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Plaintiff,

CASE NO. C 09 04129 CW
CASE NO. C 09 04130 CW
(Consolidated Cases)

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v.
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FIRST REPUBLIC BANK, a division of
MERRILL LYNCH BANK AND TRUST,
FSB, DOE 1 through DOE 20,

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Defendants.

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Plaintiff,

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Removal Filed: September 4, 2009
Trial:
June 4, 2012

ELIZABETH RIGGINS,

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STIPULATION AND [PROPOSED]
ORDER CONTINUING TRIAL AND
RESETTING PRETRIAL DEADLINES

v.
FIRST REPUBLIC BANK, a division of
MERRILL LYNCH BANK AND TRUST,
FSB, DOE 1 through DOE 20,

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Defendants.

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15683558v1

STIPULATION AND [PROPOSED] ORDER CONTINUING
TRIAL AND RESETTING PRE-TRIAL DEADLINES
Case Nos. C 09 04129 & C 09 04130

STIPULATION

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The parties, by and through their respective counsel of record, stipulate to continue trial
and reset pretrial deadlines based on the following facts:
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On July 19, 2011, the Court granted the parties’ Stipulation and Proposed Order

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Continuing Trial and Resetting Pretrial Deadlines in connection with Defendant’s motion filed

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on July 7, 2011. Consequently, the Court continued the trial from December 20, 2011 to June 4,

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2012, and reset the pretrial conference for May 22, 2012. The Court reset the pretrial deadlines

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as follows: November 18, 2011 for the fact and expert discovery cutoff, October 7, 2011 for

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expert disclosures, October 21, 2011 for rebuttal expert disclosures, and September 29, 2011 for

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the hearing on dispositive motions and further case management conference.
2.

The parties request that the trial date and pretrial deadlines contained in the

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Court’s July 19, 2011 Order be continued. Pursuant to the Clerk’s Notice Re: Stipulation dated

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July 21, 2011, the Court requires that the hearing on dispositive motions be at least 90 days

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before the trial date. Based on the present trial date and the Court’s availability, the soonest that

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dispositive motions can be heard is early February 2011. Dispositive motions would then need

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to be filed by January 2011, which would not allow sufficient time to complete discovery in

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advance of that deadline.

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3.

As set forth in Defendant’s Motion to Continue Trial and Reset Pretrial

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Deadlines, the complexity of the legal issues and substantial volume of e-discovery have

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prevented the parties from timely completing initial discovery. The electronic production will

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not be complete until September 2011, at the very earliest, and depositions cannot commence

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until after the remaining documents are produced. The parties anticipate that depositions will

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begin in late 2011 and continue through early 2012.

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4.

Accordingly, to ensure that discovery is completed by the deadline for filing

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dispositive motions and consistent with the Clerk’s Notice, the parties request that the trial be

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continued from June 4, 2012 to August 20, 2012, and that the pretrial conference be continued

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from May 22, 2012 to August 7, 2012. The parties further request that the hearing on dispositive

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-2STIPULATION AND [PROPOSED] ORDER CONTINUING
TRIAL AND RESETTING PRE-TRIAL DEADLINES
Case Nos. C 09 04129 & C 09 04130

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motions and further case management conference be continued from September 29, 2011 to May

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17, 2012, and that the deadline for fact and expert discovery be continued from November 18,

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2011 to May 15, 2012. Defense counsel has recently confirmed with Judge Wilken’s Courtroom

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Deputy that the dates requested for continuing the trial and hearings/conferences are available.

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5.

Because the parties will not be in a position to designate expert witnesses

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until next year after completing depositions, they further request that the deadlines for

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designating expert witnesses be continued from October 7, 2011 to April 1, 2012 and for

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designating rebuttal experts be continued from October 21, 2011 to April 15, 2012.

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DATED: July 29, 2011

LAW OFFICES OF STEPHEN R. JAFFE

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By:

/s/ Stephen R. Jaffe
Stephen R. Jaffe
Attorney for Plaintiffs FREDERICK J.
CASISSA and ELIZABETH RIGGINS

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DATED: July 29, 2011

EPSTEIN BECKER & GREEN, P.C.

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By:

/s/ Andrew J. Sommer
Steven R. Blackburn
Andrew J. Sommer
Attorneys for Defendant
BANK OF AMERICA, N.A.

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-3STIPULATION AND [PROPOSED] ORDER CONTINUING
TRIAL AND RESETTING PRE-TRIAL DEADLINES
Case Nos. C 09 04129 & C 09 04130

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[PROPOSED] ORDER
Pursuant to the stipulation, the pretrial scheduling order is hereby modified and the trial
date and pretrial deadlines are continued as follows: The trial shall be continued from June 4,
2012 to August 21, 2012 and the pretrial conference continued from May 22, 2012 to August 7,
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2012. The hearing on dispositive motions and further case management conference shall be
continued from September 29, 2011 to May 17, 2012. The deadline for fact and expert discovery
shall be continued from November 18, 2011 to May 15, 2012. The deadlines for designating
expert witnesses shall be continued from October 7, 2011 to April 1, 2012 and for designating
rebuttal witnesses shall be continued from October 21, 2011 to April 15, 2012.
IT IS SO ORDERED.

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Dated: 8/2/2011

HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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-4STIPULATION AND [PROPOSED] ORDER CONTINUING
TRIAL AND RESETTING PRE-TRIAL DEADLINES
Case Nos. C 09 04129 & C 09 04130