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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1 2 3 4 5 6 7 8 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 9 UNITED STATES DISTRICT COURT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR INNOVATIVE BANK, ) ) ) ) Plaintiff, ) ) 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 25 26 27 28 -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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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. 24 25 26 27 28 -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 1 Dated: March 26, 2014 Respectfully submitted, 2 NIXON PEABODY LLP 3 By: /s/ Marcie K. Farano Marcie K. Farano Attorneys for Plaintiff FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR INNOVATIVE BANK 4 5 6 7 8 The undersigned have given authority to Marcie K. Farano to file this Stipulation and [Proposed] 9 Order on their behalf. 10 11 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 12 13 14 15 16 17 Dated: March 26, 2014 PARK & SYLVA 18 By: /s/ Daniel E. Park Daniel Eal Young Park, Esq. Attorney for Defendant SEONG HOON HONG 19 20 21 22 Dated: March 26, 014 NASSIRI & JUNG LLP By: /s/ Kassra Powell Nassiri Kassra Powell Nassiri, Esq. Attorney for Defendant YOUNG HO WON 23 24 25 26 /// /// /// 27 28 -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 1 Dated: March 26, 2014 LAW OFFICES OF ROBERT LANE 2 By: /s/ Robert Lane Robert Lane, Esq. Attorney for Defendant HARRY MOOK CHOI 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -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 1 [PROPOSED] ORDER 2 3 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. 4 5 6 Dated: 3/31/2014 7 Hon. Claudia A. Wilken United States District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -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 1 2 3 4 5 6 7 8 9 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: 10 11 12 13  (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. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 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 10 11 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. 12 13 14 /s/ Donna L. Day Donna L. Day 15 16 17 18 14914822.1 19 20 21 22 23 24 25 26 27 28 -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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