Federal Deposit Insurance Corporation v. Hong et al
Filing
104
ORDER by Judge Claudia Wilken Granting 103 STIPULATION TO CONTINUE APRIL 2, 2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014 (ndr, COURT STAFF) (Filed on 3/31/2014)
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Anthony J. Barron, Bar No. 150447
abarron@nixonpeabody.com
Marcie Keenan Farano, Bar No. 177939
mfarano@nixonpeabody.com
NIXON PEABODY LLP
One Embarcadero Center, 18th Floor
San Francisco, California 94111-3600
Telephone: (415) 984-8200
Fax: (415) 984-8300
Attorneys for Plaintiff
FEDERAL DEPOSIT INSURANCE CORPORATION
AS RECEIVER FOR INNOVATIVE BANK
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
INNOVATIVE BANK,
)
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Plaintiff,
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vs.
)
)
SEONG HOON HONG; DAVID CHIU; JIN )
YOUNG KIM (AKA JIMMY KIM); JUNG )
MIN MOK; YOUNG HO WON;
)
SANGCHOL AN; CHANG K. CHANG;
)
SUNG SANG CHO; HARRY MOOK
)
CHOI; YONG OH CHOI; TONY HUEY;
)
CHONG KIM; JUNG KIM; BHUPENDRA )
PATEL,
)
)
Defendants.
)
)
CV-12-2658 CW
JOINT CASE MANAGEMENT
CONFERENCE STATEMENT AND
STIPULATION TO CONTINUE APRIL 2,
2014 CASE MANAGEMENT
CONFERENCE TO JUNE 4, 2014;
PROPOSED ORDER THEREON
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-1JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE APRIL 2,
2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014; PROPOSED ORDER THEREON; CASE NO. CV
12 2658 CW
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WHEREAS, the parties reached a settlement in principal of this matter following mediation
with Judge Warren (Ret.) on November 5, 2013;
WHEREAS, the parties are still working to reduce the settlement to a written agreement but
have encountered difficulty over the past several months agreeing on the scope and precise terms of
the written agreement;
WHEREAS, in late February 2014, the parties agreed to re-engage the mediator, Judge
Warren (Ret.), for assistance and guidance in finalization of the written settlement agreement;
WHEREAS, the parties thereafter held a further telephonic session with Judge Warren (Ret.)
to work out details of the written settlement agreement and related documentation of the settlement;
WHEREAS, following Judge Warren’s further involvement, the FDIC-R recently circulated a
further revised settlement draft and related documentation of the agreement for consideration;
WHEREAS, the parties are still working through the drafting issues and Judge Warren (Ret.)
has stated he is available for additional consultation and oversight of this process;
WHEREAS the Court previously vacated all pending case dates, including the trial date, in
this matter and set a Case Management Conference (“CMC”) for April 2, 2014; at 2:00 P.M., at
which time the parties were to report on finalization of the settlement and release agreement;
WHEREAS the parties believe that a further two month extension of the CMC will facilitate
finalization of the settlement and allow them to work through the remaining drafting issues with
oversight by Judge Warren (Ret.) on an as needed basis, and allow all parties and the Court to avoid
unnecessary expenses and prevent wasting of judicial resources.
IT IS HEREBY STIPULATED by and between the parties through their designated counsel
that the April 2, 2014 CMC be continued to June 4, 2014 at 2:00 P.M. or as soon thereafter as is
convenient for the Court.
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-2JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE APRIL 2,
2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014; PROPOSED ORDER THEREON; CASE NO. CV
12 2658 CW
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Dated: March 26, 2014
Respectfully submitted,
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NIXON PEABODY LLP
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By: /s/ Marcie K. Farano
Marcie K. Farano
Attorneys for Plaintiff
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
INNOVATIVE BANK
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The undersigned have given authority to Marcie K. Farano to file this Stipulation and [Proposed]
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Order on their behalf.
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Dated: March 26, 2014
KIM, SHAPIRO, PARK & LEE
By: /s/ Steve E. Shapiro
Steve Shapiro, Esq.
Attorney for Defendants
CHANG K. CHANG, JUNG MIN MOK,
YONG OH CHOI, DAVID CHIU, TONY
HUEY, JUNG KIM, BHUPENDRA
PATEL AND SANGCHOL AN
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Dated: March 26, 2014
PARK & SYLVA
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By: /s/ Daniel E. Park
Daniel Eal Young Park, Esq.
Attorney for Defendant
SEONG HOON HONG
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Dated: March 26, 014
NASSIRI & JUNG LLP
By: /s/ Kassra Powell Nassiri
Kassra Powell Nassiri, Esq.
Attorney for Defendant
YOUNG HO WON
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///
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-3JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE APRIL 2,
2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014; PROPOSED ORDER THEREON; CASE NO. CV
12 2658 CW
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Dated: March 26, 2014
LAW OFFICES OF ROBERT LANE
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By: /s/ Robert Lane
Robert Lane, Esq.
Attorney for Defendant
HARRY MOOK CHOI
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-4JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE APRIL 2,
2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014; PROPOSED ORDER THEREON; CASE NO. CV
12 2658 CW
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[PROPOSED] ORDER
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Pursuant to Stipulation, it is ordered that the April 2, 2014 CMC in the above captioned
matter be continued to June 4, 2014 at 2:00 P.M.
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Dated:
3/31/2014
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Hon. Claudia A. Wilken
United States District Court Judge
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-5JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE APRIL 2,
2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014; PROPOSED ORDER THEREON; CASE NO. CV
12 2658 CW
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PROOF OF SERVICE
I, the undersigned, certify that I am employed in San Francisco, California; that I am over the
age of eighteen years and not a party to the within action; and that my business address is Nixon
Peabody LLP, One Embarcadero Center, 18th Floor, San Francisco, CA 94111.
The following document(s):
JOINT CASE MANAGEMENT ORDER AND STIPULATION TO CONTINUE APRIL 2,
2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014; PROPOSED ORDER
THEREON
were served on the dates and on the parties stated below, through their attorneys of record, by placing
a true copy thereof in sealed envelopes addressed as shown below by the following means of service:
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(BY FACSIMILE) by transmitting via facsimile the document(s) listed above to
the fax number(s) set forth below on this date before 5:00 p.m.
(BY MAIL) by placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, the United States mail at San Francisco, California
addressed as set forth below.
(BY OVERNIGHT COURIER) I caused each such envelope to be given to an
overnight mail service at San Francisco, California, to be hand delivered to the
office of the addressee on the next business day
(BY COURIER) by placing the document(s) listed above in a sealed envelope
and affixing a pre-paid air bill, and causing the envelope to be delivered to an
agent for delivery.
(BY E-MAIL) by transmitting via e-mail or electronic transmission the
document(s) listed above to the person(s) at the e-mail address(es) set forth below.
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Addressee(s)
John P. Lee, Esq.
Steve Shapiro, Esq.
Robert Dart, Esq.
KIM SHAPIRO PARK & LEE
3435 Wilshire Blvd, Suite 2050
Los Angeles, CA 90010
Tel.: (213) 380-9200
Fax: (213) 380-9302
Email: jlee@kspllaw.com
sshapiro@kspllaw.com ; rdart@kspllaw.com
Counsel for Defendants Jung Min Mok, Yong Oh
Choi, Chang K. Chang, David Chiu, Sangchol
An, Bhupendra Patel, Tony Huey and Jung Kim
Daniel E. Park, Esq.
Christopher C. Cianci, Esq.
Ann S. Hong, Esq.
PARK & SYLVA
3731 Wilshire Blvd, Suite 600
Los Angeles, CA 90010
Email: dpark@parksylvalaw.com
Christopher@parksylvalaw.com
ann@parksylvalaw.com
Counsel for Defendant Seong Hoon Hong
-6JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE APRIL 2,
2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014; PROPOSED ORDER THEREON; CASE NO. CV
12 2658 CW
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Kassra Powell Nassiri, Esq.
Charles H. Jung, Esq.
NASSIRI & JUNG LLP
47 Kearny Street, Suite 700
San Francisco, CA 94108
Email: knassiri@nassiri-jung.com;
cjung@nassiri-jung.com
Counsel for Young Ho Won
Robert K. Lane, Esq.
3657 Grand Avenue
Oakland, CA 94610-2009
Email: r_k_lane@pacbell.net
Counsel for Defendant Harry Mook Choi
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Randolph Gaw, Esq.
THE GAW GROUP
100 Pine Street, Suite. 1250
San Francisco, CA 94111
Email: rgaw@thegawgroup.com
Counsel for Young Ho Won
I declare under penalty of perjury that the foregoing is true and correct. Executed on
March 26, 2014, at San Francisco, California.
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/s/ Donna L. Day
Donna L. Day
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14914822.1
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-7JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE APRIL 2,
2014 CASE MANAGEMENT CONFERENCE TO JUNE 4, 2014; PROPOSED ORDER THEREON; CASE NO. CV
12 2658 CW
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