Federal Deposit Insurance Corporation v. Hong et al

Filing 110

ORDER by Judge Claudia Wilken Granting 109 STIPULATION TO CONTINUE SEPTEMBER 17, 2014 CASE MANAGEMENT CONFERENCE TO NOVEMBER 5, 2014. (ndr, COURT STAFF) (Filed on 9/11/2014)

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Anthony J. Barron, Bar No. 150447
[e-mail]
Marcie Keenan Farano, Bar No. 177939
[e-mail]
NIXON PEABODY LLP
One Embarcadero Center, 18th Floor
San Francisco, California 94111-3600
Telephone: [phone]
Fax: [phone]
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

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SAN FRANCISCO DIVISION

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)
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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
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CHOI; YONG OH CHOI; TONY HUEY;
CHONG KIM; JUNG KIM; BHUPENDRA )
)
PATEL,
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Defendants.
)
FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
INNOVATIVE BANK,

CASE NO.:

CV-12-2658 CW

JOINT CASE MANAGEMENT
CONFERENCE STATEMENT AND
STIPULATION TO CONTINUE
SEPTEMBER 17, 2014 CASE
MANAGEMENT CONFERENCE TO
OCTOBER 29, 2014; ORDER THEREON

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-1JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE
SEPTEMBER 17, 2014 CASE MANAGEMENT CONFERENCE TO OCTOBER 29, 2014; PROPOSED ORDER
THEREON;
CASE NO. CV 12 2658 CW

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WHEREAS the parties to this action, and all parties in the related actions, reached a

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settlement in principal of these matter following mediation with Judge Warren (Ret.) on

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November 5, 2013;

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WHEREAS the parties in all of the actions have agreed to the terms of the settlement
agreements in those actions;
WHEREAS one of the individual defendants to this action, Harry Choi, passed away during

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the summer of 2014, resulting in a delay in obtaining an authorized signature on his behalf on the

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settlement agreements which has recently been resolved;

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WHEREAS more than half of the defendants have now executed the settlement agreements
and the parties anticipate that the settlement agreements will be fully executed in the near future;
WHEREAS, the settlement of these actions and matters will obviate the need for case
management conferences; and

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WHEREAS, the parties greatly appreciate the Court's patience in this matter;

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IT IS HEREBY STIPULATED by and between the parties through their designated counsel

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that the case management conferences in the captioned actions currently scheduled for September 17,

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2014, be continued to October 29, 2014, at 2:00 p.m., or other date suitable for the Court, and that the

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parties must submit a Joint Case Management Statement or individual Case Management Statements

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at least seven days before that date.

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Dated: September 10, 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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-1JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE
SEPTEMBER 17, 2014 CASE MANAGEMENT CONFERENCE TO OCTOBER 29, 2014; PROPOSED ORDER
THEREON;
CASE NO. CV 12 2658 CW

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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: September 10, 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: September 10, 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: September 10, 2014

NASSIRI & JUNG LLP
By: /s/ Kassra Powell Nassiri
Kassra Powell Nassiri, Esq.
Attorney for Defendant
YOUNG HO WON

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Dated: September 10, 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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-2JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE
SEPTEMBER 17, 2014 CASE MANAGEMENT CONFERENCE TO OCTOBER 29, 2014; PROPOSED ORDER
THEREON;
CASE NO. CV 12 2658 CW

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ORDER

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Pursuant to Stipulation, it is ordered that the September 17, 2014 CMC in the above captioned

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matter be continued to November 5, 2014 at 2:00 P.M. The parties must submit a Joint Case

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Management Statement or individual Case Management Statements at least seven days before that

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date.

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Dated:

9/11/2014

Hon. Claudia A. Wilken
United States District Court Judge

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-3JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE
SEPTEMBER 17, 2014 CASE MANAGEMENT CONFERENCE TO OCTOBER 29, 2014; PROPOSED ORDER
THEREON;
CASE NO. CV 12 2658 CW

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PROOF OF SERVICE

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I, the undersigned, certify that I am employed in San Francisco, California; that I am over the

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age of eighteen years and not a party to the within action; and that my business address is Nixon

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Peabody LLP, One Embarcadero Center, 18th Floor, San Francisco, CA 94111.

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The following document(s):

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JOINT CASE MANAGEMENT ORDER AND STIPULATION TO CONTINUE
SEPTEMBER 17, 2014 CASE MANAGEMENT CONFERENCE TO OCTOBER 29, 2014;
PROPOSED ORDER THEREON

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was served on the dates and on the parties stated below, through their attorneys of record, by placing

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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

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(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.: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail] ; [e-mail]
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: [e-mail]
[e-mail]
[e-mail]
Counsel for Defendant Seong Hoon Hong

-4JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE
SEPTEMBER 17, 2014 CASE MANAGEMENT CONFERENCE TO OCTOBER 29, 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: [e-mail];
[e-mail]
Counsel for Young Ho Won
Robert K. Lane, Esq.
3657 Grand Avenue
Oakland, CA 94610-2009
Email: [e-mail]
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: [e-mail]
Counsel for Young Ho Won

I declare under penalty of perjury that the foregoing is true and correct. Executed on
September 11, 2014, at San Francisco, California.

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/s/ Donna L. Day
Donna L. Day

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15128044.1

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-5JOINT CASE MANAGEMENT CONFERENCES STATEMENT AND STIPULATION TO CONTINUE
SEPTEMBER 17, 2014 CASE MANAGEMENT CONFERENCE TO OCTOBER 29, 2014; PROPOSED ORDER
THEREON;
CASE NO. CV 12 2658 CW