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Freedom Mortgage v. Irwin Mortgage Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA -- SAN FRANCISCO DIVISION


June 12, 2009

FREEDOM MORTGAGE PLAINTIFFS
v.
IRWIN MORTGAGE CORPORATION, ET AL. DEFENDANTS

The opinion of the court was delivered by: Hon. Maria-Elena James United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME IN WHICH DEFENDANTS MUST FILE A RESPONSIVE PLEADING & CONTINUING CMC DATE AND IRWIN FINANCIAL CORPORATION AND RELATED DATES

WHEREAS, the above-captioned case was filed in this Court on March 31, 2009;

WHEREAS, the parties agreed to extend the time for Defendants Irwin Financial 2009 to June 18, 2009;

ADR Phone Conference ("ADR Material") are currently due June 18, 2009;

WHEREAS, the Rule 26(f) Report, initial disclosures, and Case Management Statement are currently due on July 2, 2009;

2009 at 10:00 a.m.; and

WHEREAS, the parties desire to defer such deadlines in order to pursue settlement discussions and are scheduled to commence a mediation of their disputes before JAMS on July 9,

NOW, THEREFORE, the parties, by and through their undersigned counsel of record, hereby agree and stipulate to the following:

2. The Rule 26(f) Report, initial disclosures, Case Management Statement and ADR

3. The Initial Case Management Conference currently scheduled for July 9, 2009 is hereby continued until October 8, 2009, or to such later date as may be ordered by the Court.

Corporation and Irwin Mortgage Corporation to file their responsive pleading from April 20,

WHEREAS, the ADR Certification and Stipulation to ADR Process or Notice of Need for

WHEREAS, the Initial Case Management Conference is currently scheduled for July 9, 2009.

1. Defendants will file a responsive pleading on or before September 18, 2009.

Material will be served and/or filed on or before October 1, 2009.

Dated: June 12, 2009

BUTY & CURLIANO Jason C. Curliano (No. 167509) 555 City Center 555 12th Street, Suite 1280 Oakland, California 94607 Telephone: (510) 267-3000 Facsimile: (510) 267-0117

ZUKERMAN GORE BRANDEIS & CROSSMAN, LLP John K. Crossman*fn1 875 Third Avenue, 28th Floor New York, New York 10022 Telephone: (212) 223-6700 Facsimile: (212) 223-6433 Attorneys for Plaintiff Freedom Mortgage Corporation

WILSON SONSINI GOODRICH & ROSATI Professional Corporation David J. Berger (Bar No. 147645) Jenny L. Dixon (Bar No. 192638) Dominique-Chantale Alepin (Bar No. 214648) 650 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 493-9300 Facsimile: (650) 493-6811 Attorneys for Defendants Irwin Financial Corporation and Irwin Mortgage Corporation

Based upon the above stipulation of the parties, and for good cause appearing therefor, IT IS HEREBY ORDERED THAT:

1. Defendants will file a responsive pleading on or before September 18, 2009.

2. The Rule 26(f) Report, initial disclosures, Case Management Statement and ADR Material will be served and/or filed on or before October 1, 2009.

3. The Initial Case Management Conference currently scheduled for July 9, 2009 is 8 hereby continued until October 8, 2009, or to such later date as may be ordered by the Court.

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, Jenny L. Dixon, attest that concurrence in the filing of this document has been obtained from Jason C. Curliano. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed this 12th day of June, 2009 at San Francisco, California.

Jenny L. Dixon Counsel for Defendants Irwin Financial Corporation and Irwin Mortgage Corporation


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