Rezner v. Bayerische Hypo-Und Vereinsbank AG et al

Filing 144

ORDER DENYING STIPULATION FOR MODIFICATION OF CASE SCHEDULE re 143 Stipulation. The Court DENIES the parties stipulation without prejudice to being renewed. The parties are to update the Court of their Mediation efforts in their Joint Pretrial Stat ement due 12/5/2008. The Preliminary Pretrial Conference remains set for 12/15/2008 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 11/20/2008. (ecg, COURT STAFF) (Filed on 11/20/2008)

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JOSEPH H. PARK (State Bar No. 175064) FULBRIGHT & JAWORSKI L.L.P. 555 South Flower St., 41st Floor Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendants BAYERISCHE HYPO- UND VEREINSBANK AG and HVB U.S. FINANCE INC. WILLIAM M. LUKENS (State Bar No. 37196) JENNIFER L. JONAK (State Bar No. 191323) LUKENS LAW GROUP One Maritime Plaza, Suite 1600 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Attorneys for Plaintiff JOHN C. REZNER

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOHN C. REZNER, an individual, Plaintiff, v. BAYERISCHE HYPO- UND VEREINSBANK AG, a corporation; HVB STRUCTURED FINANCE, INC., a corporation; DOMENICK MARIO DEGIORGIO, an individual; RANDALL S. BICKHAM, an individual; SKYLINE ADVISORY SERVICES, LLC, a limited liability corporation; and DOES ONE THROUGH THIRTY, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. C 06 2064 JW ORDER DENYING STIPULATION FOR STIPULATION RE MODIFICATION OF MODIFICATION OF CASE SCHEDULE CASE SCHEDULE; [PROPOSED] ORDER [N.D.L.R. 6-2]

Preliminary Pretrial Conference Date: December 15, 2008 Time: 11:00 a.m. Ctrm: 8

-1STIPULATION RE MODIFICATION OF CASE SCHEDULE; [PROPOSED] ORDER CASE NO. C 06 2064 JW

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This Stipulation is entered into by and between Defendants Bayerische Hypo- und Vereinsbank AG and HVB U.S. Finance Inc. (f/k/a HVB Structured Finance, Inc.) (collectively "HVB") and Plaintiff John C. Rezner ("Plaintiff"), through their respective counsel of record. A. (Dckt. #142): Deadline/Event Close of All Discovery Last Date for Hearing Dispositive Motions Preliminary Pretrial Conference Statements Preliminary Pretrial Conference at 11 a.m. B. Date January 16, 2009 February 23, 2009 December 5, 2008 December 15, 2008 On August 28, 2008, the Court ordered the following pretrial schedule

The parties have met and conferred regarding the additional discovery

necessary to prepare this case for trial and the need for additional time to complete such discovery. The parties have also met and conferred regarding the possibility of

mediating this case and have scheduled a mediation for December 4, 2008. C. Based on the parties' discussions ­ including the scheduled mediation and

the additional discovery necessary to prepare this case for trial ­ the parties seek a modification of the current pretrial schedule to the following: Deadline/Event Close of All Discovery Last Date for Hearing Dispositive Motions Preliminary Pretrial Conference Statements Due Preliminary Pretrial Conference at 11 a.m. Date March 31, 2009 April 30, 2009 February 16, 2009 February 23, 2009 or March 2, 2009

-2STIPULATION RE MODIFICATION OF CASE SCHEDULE; [PROPOSED] ORDER CASE NO. C 06 2064 JW

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Dated: November 12, 2008

Kathryn Keneally Joseph H. Park India DeCarmine FULBRIGHT & JAWORSKI L.L.P. /S/ Joseph H. Park Joseph H. Park Attorneys for Defendants BAYERISCHE HYPO- UND VEREINSBANK AG and HVB U.S. FINANCE INC.

Dated: November 12, 2008

William M. Lukens Jennifer L. Jonak LUKENS LAW GROUP /S/ Jennifer L. Jonak Jennifer L. Jonak Attorneys for Plaintiff JOHN C. REZNER

[PROPOSED] ORDER PURSUANT TO the Court DENIES IS SO ORDERED without case schedule Upon consideration, STIPULATION, ITthe parties' Stipulation that theprejudice to being is modified to the the parties are scheduled for mediation on December 4, 2008, the parties can renewed. Since following: Deadline/Event update the Court on their efforts in their Joint PreliminaryDate Statement which is due on Pretrial Close of All Discovery March 31, 2009 December 5, 2008. If mediation is fruitful and the parties wish to focus their efforts on Last Date for Hearing Dispositive Motions April 30, 2009 settlement, the Court will then entertain a Stipulation to extend the current case schedule. Preliminary Pretrial Conference February 16, 2009 Statements Due The Preliminary Pretrial Conference currently set for December 15, 2008 shall remain on Preliminary Pretrial Conference at 11 a.m. February 23, 2009 or calendar. For good cause shown, it may be continued to accommodate the parties' settlement March 2, 2009 efforts. November 20, 2008 HON. JAMES WARE United States District Judge Northern District of California

Dated:

-3STIPULATION RE MODIFICATION OF CASE SCHEDULE; [PROPOSED] ORDER CASE NO. C 06 2064 JW