The Federal Deposit Insurance Corporation, et al v. Killinger et al

Filing 82

MOTION for Extension of Time to Respond to Esther T. Rotell'a Motion to Dismiss by Plaintiff The Federal Deposit Insurance Corporation. (Attachments: # 1 Proposed Order) Noting Date 10/19/2011, (Barton, Walter)

1

The Honorable Marsha J. Pechman

2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

9
10
11
12
13
14
15
16
17
18
19
20

)
)
THE FEDERAL DEPOSIT INSURANCE
)
CORPORATION, as RECEIVER of
)
WASHINGTON MUTUAL BANK,
)
)
Plaintiff,
)
)
)
v.
)
)
KERRY K. KILLINGER, STEPHEN J.
ROTELLA, DAVID C. SCHNEIDER, LINDA )
)
C. KILLINGER, and ESTHER T. ROTELLA, )
)
Defendants.
)
______________________________________ )

Case No.: 2:11-cv-00459-MJP
FDIC’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO RESPOND TO
ESTHER T. ROTELLA’S MOTION TO
DISMISS
Note on Motion Calendar:
October 19, 2011
[Local Civil Rules 7(d)(1)]

Plaintiff Federal Deposit Insurance Corporation, as Receiver of Washington Mutual Bank

21
(“FDIC”), by and through its undersigned attorneys, and pursuant to Federal Rule of Civil
22
23
24
25

Procedure 6, hereby submits this Unopposed Motion for Extension of Time to Respond to Esther
T. Rotella’s Motion to Dismiss, and states as follows.
On September 23, 2011, this Court entered an Order [Dkt. 81] granting the FDIC’s

26

motion to compel jurisdictional discovery from Esther Rotella, which required “Defendant

27

Esther Rotella to serve her answers to the FDIC’s jurisdictional interrogatories and requests for

28

FDIC’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO RESPOND TO
ESTHER T. ROTELLA’S MOTION TO DISMISS - 1
No. 2:11-cv-00459-MJP
#820103 v1 / 44469-001

Law Offices

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third Avenue, Suite 2900, Seattle, Washington 98101-3028
Telephone [phone], Facsimile [phone]

1
2

production within 20 days of entry of this order.” The Court set October 21 as the due date for
the FDIC’s response to Esther Rotella’s motion to dismiss [Dkt. 54] and October 28 for Esther

3
Rotella’s reply.
4
5
6
7

On October 13, 2011, the FDIC received Esther Rotella’s response to the FDIC’s First
Set of Jurisdictional Interrogatories, the Rotellas’ response to the FDIC’s First Set of
Jurisdictional Requests for Production, and a separate document production. The FDIC does not

8

believe that October 21 is a sufficient amount of time for it to digest these discovery responses

9

and document production and draft a response to Mrs. Rotella’s motion to dismiss. The FDIC

10

therefore respectfully requests a one-week extension until and including October 28, 2011, in

11

which to file its response, and a consequent one-week extension of Mrs. Rotella’s reply date until

12

and including November 4, 2011.

13
14
15
16
17
18
19
20

Mrs. Rotella’s counsel, Deborah Stein, has indicated that she has no objection to this
proposed extension of the briefing schedule.
WHEREFORE, the FDIC respectfully requests that the briefing dates for Esther Rotella’s
motion to dismiss be extended by one week as follows:
(a)

The FDIC’s response shall be due on or before October 28, 2011;

(b)

Esther Rotella’s reply shall be due on or before November 4, 2011; and

(c)

Esther Rotella’s motion to dismiss shall be re-noted from October 28, 2011, to
November 4, 2011.

21
22
23
24
25
26
27
28

FDIC’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO RESPOND TO
ESTHER T. ROTELLA’S MOTION TO DISMISS - 2
No. 2:11-cv-00459-MJP
#820103 v1 / 44469-001

Law Offices

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third Avenue, Suite 2900, Seattle, Washington 98101-3028
Telephone [phone], Facsimile [phone]

1

Dated: October 19, 2011.

2

Respectfully submitted,

3

FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for
WASHINGTON MUTUAL BANK,
Plaintiff

4
5
6

s/ Walter E. Barton
One of Its Attorneys

7
8

Barry S. Rosen (admitted pro hac vice)
Duane F. Sigelko (admitted pro hac vice)
Mark S. Hersh (admitted pro hac vice)
Henry Pietrkowski (admitted pro hac vice)
James A. Rolfes (admitted pro hac vice)
REED SMITH LLP
10 South Wacker Drive
Suite 4000
Chicago, IL 60606
[phone]

9
10
11
12
13
14
15

Bruce E. Larson, WSBA #6209
Walter E. Barton, WSBA #26408
Dennis H. Walters, WSBA #9444
KARR TUTTLE CAMPBELL
1201 Third Avenue, Suite 2900
Seattle, WA 98101
Telephone: [phone]
[e-mail]

16
17
18
19
20

Leonard J. DePasquale (admitted pro hac vice)
Counsel
Federal Deposit Insurance Corporation
3501 North Fairfax Drive, VS-B-7058
Arlington, VA 22226
[phone]

21
22
23
24
25
26
27
28

FDIC’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO RESPOND TO
ESTHER T. ROTELLA’S MOTION TO DISMISS - 3
No. 2:11-cv-00459-MJP
#820103 v1 / 44469-001

Law Offices

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third Avenue, Suite 2900, Seattle, Washington 98101-3028
Telephone [phone], Facsimile [phone]

1
2
3

CERTIFICATE OF SERVICE
I hereby certify that on October 19, 2011, the foregoing was electronically filed with the
Clerk of the Court using the CM/ECF system which will send notification of such filing to all

4
5
6

counsel of record who receive CM/ECF notification, and that the remaining parties shall be
served in accordance with the Federal Rules of Civil Procedure.

7
8

s/ Walter E. Barton
WSBA #26408
KARR TUTTLE CAMPBELL
Of Attorneys for Plaintiff
1201 Third Avenue, Ste. 2900
Seattle WA 98101
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

FDIC’S UNOPPOSED MOTION FOR
EXTENSION OF TIME TO RESPOND TO
ESTHER T. ROTELLA’S MOTION TO DISMISS - 4
No. 2:11-cv-00459-MJP
#820103 v1 / 44469-001

Law Offices

KARR TUTTLE CAMPBELL
A Professional Service Corporation
1201 Third Avenue, Suite 2900, Seattle, Washington 98101-3028
Telephone [phone], Facsimile [phone]