Rezner v. Bayerische Hypo-Und Vereinsbank AG et al

Filing 147

STIPULATION AND ORDER AS MODIFIED BY THE COURT RE MODIFICATION OF CASE SCHEDULE re 146 Pretrial Conference Statement, 145 Stipulation. Close of All Discovery due by 3/31/2009. Last Date to Hear Dispositive Motions on 5/18/2009 @ 9:00 AM. Joint Pretrial Statements due 12/13/2009. Pretrial Conference set for 2/23/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 12/10/2008. (ecg, COURT STAFF) (Filed on 12/10/2008)

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1 2 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 DOCUMENT PREPARED ON RECYCLED PAPER UNIT ED JOSEPH H. PARK (State Bar No. 175064) FULBRIGHT & JAWORSKI L.L.P. 555 South Flower St., 41st Floor Los Angeles, California 90071 Telephone: (213) 892-9200 Facsimile: (213) 892-9494 Email: jpark@fulbright.com KATHRYN KENEALLY (pro hac vice) INDIA DECARMINE (pro hac vice) FULBRIGHT & JAWORSKI L.L.P. 666 Fifth Avenue New York, New York 10103 Telephone: (212) 318-3000 Facsimile: (212) 318-3400 Email: kkeneally@fulbright.com Email: idecarmine@fulbright.com 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: (415) 433-3000 Facsimile: (415) 781-1034 Email: wlukens@lukenslaw.com Email: jjonak@lukenslaw.com Attorneys for Plaintiff JOHN C. REZNER S S DISTRICT TE C TA ER N D IS T IC T R OF IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOHN C. REZNER, an individual, Plaintiff, v. BAYERISCHE HYPO- UND VEREINSBANK AG, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) -1STIPULATION TO MODIFY CASE SCHEDULE CASE NO. C 06 2064 JW RS Civil Action No. C 06 2064 JW (RS) STIPULATION RE MODIFICATION OF CASE SCHEDULE; [PROPOSED] ORDER [N.D.L.R. 6-2] Preliminary Pretrial Conference Date: December 15, 2008 Time: 11:00 a.m. Ctrm: 8 A C LI FO mes Wa Judge Ja re R NIA DERED SO OR ED IT IS DIFI AS MO RT U O NO RT H 1 2 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 DOCUMENT PREPARED ON RECYCLED PAPER 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. #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 (Dckt. On November 13, 2008, the parties submitted their stipulation to modify the pretrial schedule to the following: Deadline/Event Close of All Discovery Last Date for Hearing Dispositive Motions Preliminary Pretrial Conference Statements Preliminary Pretrial Conference at 11 a.m. C. stipulation: Upon consideration, the Court DENIES the parties' Stipulation without prejudice to being renewed. Since the parties are scheduled for mediation on December 4, 2008, the parties can update the Court on their efforts in their Joint Preliminary Pretrial Statement which is due on December 5, 2008. If mediation is fruitful and the parties wish to focus their efforts on settlement, the Court will then entertain a Stipulation to extend the current case schedule. The Preliminary Pretrial Conference currently set for December 15, 2008 shall remain on calendar. For good cause shown, it may be continued to accommodate the parties' settlement efforts. Date March 31, 2009 April 30, 2009 February 16, 2009 February 23, 2009 or March 2, 2009 On November 20, 2008, the Court entered its Order denying the parties' -2STIPULATION TO MODIFY CASE SCHEDULE CASE NO. C 06 2064 JW RS 1 2 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 DOCUMENT PREPARED ON RECYCLED PAPER D. The parties are submitting concurrently herewith their Joint Preliminary Pretrial Conference Statement which, per the Court's November 20, 2008 Order, provides the following update regarding their settlement efforts: On December 4, 2008, the parties engaged in private mediation in New York. At the mediation, the parties agreed to share certain materials and information not otherwise discoverable that the parties believe will facilitate further settlement discussions. [fn] The parties also agreed to participate in a follow-up mediation session after the parties have had the opportunity to share and adequately consider such materials and/or information. The parties will continue to work diligently towards completing discovery while settlement discussions continue. E. As noted and requested in the parties' Joint Preliminary Pretrial Conference Statement, the parties stipulate and request that the Court modify the current Scheduling Order as follows: Deadline/Event Close of All Discovery Last Date for Filing Dispositive Motions Preliminary Pretrial Conference Statements Preliminary Pretrial Conference at 11 a.m. Dated: December 5, 2008 Date March 31, 2009 April 30, 2009 February 16, 2009 February 23, 2009 or March 2, 2009 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: December 5, 2008 William M. Lukens Jennifer L. Jonak LUKENS LAW GROUP /S/ Jennifer L. Jonak Jennifer L. Jonak Attorneys for Plaintiff JOHN C. REZNER -3STIPULATION TO MODIFY CASE SCHEDULE CASE NO. C 06 2064 JW RS 1 2 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 DOCUMENT PREPARED ON RECYCLED PAPER [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED that the case schedule is modified as follows: to the following:: Deadline/Event Close of All Discovery Date March 31, 2009 Last Date for Filing Dispositive Motions May 30, Last Date for Hearing on Dispostive Motions April 18, 2009 at 9 a.m. Preliminary Pretrial Conference Statements Preliminary Pretrial Conference at 11 a.m. February16, 2009 February 13, 2009 February 23, 2009 February 23, 2009 [or March 2, 2009] In light of this Order, the Preliminary Pretrial Conference set for December 15, 2008 is VACATED.. VACATED Dated: December 10, 2008 HON. JAMES WARE United States District Judge Northern District of California -4STIPULATION TO MODIFY CASE SCHEDULE CASE NO. C 06 2064 JW RS

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