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California Earthquake Authority v. Metropolitan West Securities

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 22, 2013

CALIFORNIA EARTHQUAKE AUTHORITY,
PLAINTIFF,
v.
METROPOLITAN WEST SECURITIES, LLC; WACHOVIA BANK, N.A.; AND DOES 1 THROUGH
DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr., Chief Judge United States District Court

Date action removed: February 4, 2010 25, Trial date: January 13, 2014

JOINT REQUEST FOR RELIEF FROM COURT'S SCHEDULING ORDER AND ORDER

WHEREAS on December 31, 2009, Plaintiff California Earthquake Authority ("Plaintiff") 2 filed its Verified Complaint in this Action. 3

WHEREAS Defendants Metropolitan West Securities, LLC and Wells Fargo Bank, N.A., 4 successor by merger to Wachovia Bank N.A. ("Defendants") removed this action on February 4, 5 2010; 6

WHEREAS this Court issued a Scheduling Order on August 3, 2010 (see Docket No. 33);

WHEREAS on July 22, 2011, the Parties jointly requested relief from the Court's Scheduling Order (see Docket No. 36); 9

WHEREAS on July 25, 2011, Judge Frank C. Damrell, Jr. issued a Scheduling Order in this case providing that that disclosure of expert witnesses is due by March 20, 2012, a supplemental list of expert witnesses is due by April 10, 2012, expert discovery cut-off is May 10, 2012, and the last day to hear dispositive motions shall be July 13, 2012 (see Docket No. 37);

WHEREAS on August 31, 2011, the action was reassigned to Judge Morrison C. England, Jr. (see Docket No. 38);

WHEREAS on October 24, 2011, this Court issued an Amended Pretrial Scheduling Order providing that that disclosure of expert witnesses is due by September 13, 2012, and the last day to hear dispositive motions shall be January 10, 2013 (see Docket No. 39);

WHEREAS on March 21, 2012, the Parties further jointly requested relief from the Court's Scheduling Order (see Docket No. 42);

WHEREAS on March 27, 2012, this Court issued a Second Amended Pretrial Scheduling Order providing that disclosure of expert witnesses is due by February 7, 2013, a supplemental list of expert witnesses is due by February 27, 2013, and the last day to hear dispositive motions shall be June 13, 2013 (see Docket No. 46);

WHEREAS on October 24, 2012, this Court issued an Order Continuing Trial. The October 7, 2013 jury trial date was vacated and continued to January 13, 2014. (see Docket No. 85);

WHEREAS fact discovery closed on December 3, 2012;

WHEREAS the Parties desire to mediate the case to explore settlement, and anticipate attending mediation in March 2013;

WHEREAS the Parties believe that an adjustment to the Second Amended Pretrial Scheduling Order would permit them to focus their efforts on mediation; 3

NOW, THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff California Earthquake Authority and Defendants Metropolitan West Securities LLC and Wells Fargo Bank, 5 N.A., successor by merger to Wachovia Bank, N.A., through the undersigned counsel, to jointly 6 request relief from the Second Amended Pretrial Scheduling Order in this case, and request that the 7 presently scheduled dates be moved as followed, or in accordance with such schedule as the Court 8 may allow: 9

Present Schedule Jointly Requested Schedule

Expert Witness Disclosure/Report February 7, 2013 May 1, 2013

Supplemental Disclosure/Report February 27, 2013 May 28, 2013 Last Day to Hear Dispositive

Motion June 13, 2013 September 5, 20131

IT IS SO STIPULATED:

DATED: January 9, 2013 REED SMITH LLP By /s/ David S. Reidy David S. Reidy Attorneys for Defendants Metropolitan West Securities, LLC and Wells Fargo Bank, N.A., successor by merger to Wachovia Bank, N.A. Parties to comply with the filing schedule outlined in this Court's Second Amended Pretrial Scheduling Order (Docket No. 46, p. 4). DATED: January 9, 2013 STRUMWASSER & WOOCHER LLP By /s/ Michael J. Strumwasser Michael J. Strumwasser Attorneys for Plaintiff California Earthquake Authority

IT IS SO ORDERED:

20130122

© 1992-2013 VersusLaw Inc.



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