Federal Deposit Insurance Corporation v. Straub
Filing
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STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 10/3/11. (lrc, COURT STAFF) (Filed on 10/3/2011)
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VANESSA H. WIDENER (Bar No. 203967)
vhw@amclaw.com
JENNIFER S. MUSE (Bar No. 211779)
jsm@amclaw.com
ANDERSON, McPHARLIN & CONNERS LLP
444 South Flower Street
Thirty-First Floor
Los Angeles, California 90071-2901
TELEPHONE: (213) 688-0080 FACSIMILE: (213) 622-7594
6 Attorneys for Plaintiff,
FEDERAL DEPOSIT INSURANCE
7 CORPORATION as Receiver for
INDYMAC BANK, F.S.B.
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LAWYERS
444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR
LOS ANGELES, CALIFORNIA 90071-2901
TEL (213) 688-0080 • FAX (213) 622-7594
ANDERSON, MCPHARLIN & CONNERS LLP
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION
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13 FEDERAL DEPOSIT INSURANCE
CORPORATION as Receiver for
14 INDYMAC BANK, F.S.B.,
Plaintiff,
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vs.
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Case No. C11-03295-SBA
STIPULATION BETWEEN
PLAINTIFF AND DEFENDANT
STRAUB TO STRIKE PLAINTIFF'S
CLAIM FOR ATTORNEY'S FEES
17 RICHARD STRAUB, an Individual and
dba STRAUB APPRAISAL,
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Defendant.
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Plaintiff, FEDERAL DEPOSIT INSURANCE CORPORATION, AS
21 RECEIVER FOR INDYMAC BANK, F.S.B. (“Plaintiff”), by and through its
22 attorneys of record, Vanessa Widener and Jennifer Muse of Anderson, McPharlin &
23 Conners LLP and defendant RICHARD STRAUB, individually and dba STRAUB
24 APPRAISAL ("Defendant") by and through their attorneys of record Julia M. Wei
25 and Henry Chuang of Law Offices of Peter N. Brewer, hereby stipulate and agree as
26 follows:
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902543.1 5662.116
C11-03295-SBA
STIPULATION BETWEEN PLAINTIFF AND DEFENDANT STRAUB TO STRIKE PLAINTIFF'S CLAIM FOR
ATTORNEY'S FEES
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1.
Plaintiff filed it Complaint for breach of contract and negligent
2 misrepresentations on July 6, 2011. In the prayer for relief, Plaintiff asserted a
3 claim for attorney's fees.
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2.
Defendant was served with the Complaint on August 16, 2011. By
5 agreement of the parties, his responsive pleading is due on September 30, 2011.
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After discussions regarding the sufficiency of the pleadings and the
7 Plaintiff's claim for attorney's fees, Plaintiff and Defendant agree that the claim has
8 not been properly plead. Therefore, in the interest of judicial economy, the parties
10 shall be dismissed without prejudice.
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LAWYERS
444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR
LOS ANGELES, CALIFORNIA 90071-2901
TEL (213) 688-0080 • FAX (213) 622-7594
ANDERSON, MCPHARLIN & CONNERS LLP
9 hereby stipulate and agree that Plaintiff's claim for attorney's fees against Defendant
IT IS SO STIPULATED
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13 DATED: September ___, 2011
ANDERSON, McPHARLIN & CONNERS
LLP
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By:
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Vanessa H. Widener
Jennifer S. Muse
Attorneys for Plaintiff FEDERAL DEPOSIT
INSURANCE CORPORATION as Receiver
for INDYMAC BANK, F.S.B.
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20 DATED: September
, 2011
LAW OFFICE OF PETER N. BREWER
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By:
Julia M. Wei
Henry Chuang
Attorneys for Defendant RICHARD STRAUB
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902543.1 5662.116
C11-03295-SBA
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STIPULATION BETWEEN PLAINTIFF AND DEFENDANT STRAUB TO STRIKE PLAINTIFF'S CLAIM FOR
ATTORNEY'S FEES
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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3 DATED:10/3/11____________________
_____________________________________
SANDRA BROWN ARMSTRONG
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UNITED STATES DISTRICT JUDGE
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LAWYERS
444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR
LOS ANGELES, CALIFORNIA 90071-2901
TEL (213) 688-0080 • FAX (213) 622-7594
ANDERSON, MCPHARLIN & CONNERS LLP
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902543.1 5662.116
C11-03295-SBA
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STIPULATION BETWEEN PLAINTIFF AND DEFENDANT STRAUB TO STRIKE PLAINTIFF'S CLAIM FOR
ATTORNEY'S FEES
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LAWYERS
444 SOUTH FLOWER STREET, THIRTY-FIRST FLOOR
LOS ANGELES, CALIFORNIA 90071-2901
TEL (213) 688-0080 • FAX (213) 622-7594
ANDERSON, MCPHARLIN & CONNERS LLP
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902543.1 5662.116
C11-03295-SBA
STIPULATION BETWEEN PLAINTIFF AND DEFENDANT STRAUB TO STRIKE PLAINTIFF'S CLAIM FOR
ATTORNEY'S FEES
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