Federal Deposit Insurance Corporation v. Straub

Filing 18

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 10/3/11. (lrc, COURT STAFF) (Filed on 10/3/2011)

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1 2 3 4 5 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. 8 10 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 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 12 13 FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for 14 INDYMAC BANK, F.S.B., Plaintiff, 15 vs. 16 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, 18 Defendant. 19 20 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: 27 / / / 28 / / / 902543.1 5662.116 C11-03295-SBA STIPULATION BETWEEN PLAINTIFF AND DEFENDANT STRAUB TO STRIKE PLAINTIFF'S CLAIM FOR ATTORNEY'S FEES 1 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. 4 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. 6 3. 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. 11 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 12 13 DATED: September ___, 2011 ANDERSON, McPHARLIN & CONNERS LLP 14 15 By: 16 Vanessa H. Widener Jennifer S. Muse Attorneys for Plaintiff FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B. 17 18 19 20 DATED: September , 2011 LAW OFFICE OF PETER N. BREWER 21 22 23 24 By: Julia M. Wei Henry Chuang Attorneys for Defendant RICHARD STRAUB 25 26 27 28 902543.1 5662.116 C11-03295-SBA 2 STIPULATION BETWEEN PLAINTIFF AND DEFENDANT STRAUB TO STRIKE PLAINTIFF'S CLAIM FOR ATTORNEY'S FEES 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 DATED:10/3/11____________________ _____________________________________ SANDRA BROWN ARMSTRONG 4 UNITED STATES DISTRICT JUDGE 5 6 7 8 10 11 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 902543.1 5662.116 C11-03295-SBA 3 STIPULATION BETWEEN PLAINTIFF AND DEFENDANT STRAUB TO STRIKE PLAINTIFF'S CLAIM FOR ATTORNEY'S FEES 1 2 3 4 5 6 7 8 10 11 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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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