Federal Deposit Insurance Corporation v. Hong et al

Filing 93

ORDER by Judge Claudia Wilken Granting 91 Stipulation Continuing Pending Court Dates and Expert Discovery Deadlines. (ndr, COURT STAFF) (Filed on 11/6/2013)

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Anthony J. Barron, Bar No. 150447
[e-mail]
Marcie Keenan Farano, Bar No. 177939
[e-mail]
Gina M. Fornario, Bar No. 246619
[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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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
STIPULATION AND [PROPOSED] ORDER
CONTINUING PENDING COURT DATES
AND EXPERT DISCOVERY DEADLINES

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-1STIPULATION AND [PROPOSED] ORDER CONTINUING CASE DATES AND DEADLINES
CASE NO. CV 12 2658 CW

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WHEREAS, the parties are engaged in settlement discussions and will attend a mediation
with Judge Warren on November 5, 2013;
WHEREAS, a Case Management Conference (“CMC”) is currently scheduled in the case for
November 7, 2013, and the parties have agreed to continue the CMC date to November 21, 2013 at
2:00 p.m.;
WHEREAS, the parties have informally resolved a discovery dispute related to expert
disclosures and have agreed to amend and/or supplemental the existing expert reports disclosed in the
case with Plaintiff’s amended and/or supplemental expert report due on November 8, 2013 and
Defendants’ amended and/or supplemental expert report due on November 29, 2013;
WHEREAS the current deadline for completion of expert discovery is November 8, 2013;
WHEREAS the parties hope to postpone or avoid additional expenses in conjunction with
imminent expert discovery deadlines while they further explore the possibility of settlement;
WHEREAS the parties agree to a further extend of the expert discovery cut-off date to
December 9, 2013;
WHEREAS granting the short extensions referenced above may facilitate settlement
discussions and avoid unnecessary expenses.
IT IS HEREBY STIPULATED by and between the parties through their designated counsel
that the new pending dates are continued as follows:
(1) November 21, 2013 CMC at 2:00 PM before Judge Claudia Wilken;
(2) December 9, 2013 for completion of expert discovery.

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Dated: November 1, 2013

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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-2-

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE DATES AND DEADLINES
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]
Order on their behalf.

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Dated: November 1, 2013

KIM, SHAPIRO, PARK & LEE

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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: November 1, 2013

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: November 1, 2013

NASSIRI & JUNG LLP

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

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Dated: November 1, 2013

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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///

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///

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-3STIPULATION AND [PROPOSED] ORDER CONTINUING CASE DATES AND DEADLINES
CASE NO. CV 12 2658 CW

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[PROPOSED] ORDER
Pursuant to Stipulation, it is ordered that the case management conference and expert related
discovery deadlines in the case are continued as follows:
(1) November 21, 2013 - Case management conference at 2:00 p.m. before Judge Claudia

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Wilken;
(2) December 9, 2013 - Completion of expert discovery.

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DATED:

11/6/2013

Hon. Claudia A. Wilken
United States District Court Judge

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-4STIPULATION AND [PROPOSED] ORDER CONTINUING CASE DATES AND DEADLINES
CASE NO. CV 12 2658 CW