UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
February 11, 2013
HOME SAVINGS OF AMERICA, AFEDERAL SAVINGS AND LOAN ASSOCIATION, PLAINTIFF,
EMELITA FELIPE, AN INDIVIDUAL, ANGELITO REYES, AN INDIVIDUAL D/B/A STREAMLINE APPRAISALS; CAL FINANCIAL CORPORATION, A CORPORATION DOING BUSINESS IN CALIFORNIA AND DOES 1-20, DEFENDANTS.
Cal. Sup. Ct. Case No.: RG11567893
The opinion of the court was delivered by: Magistrate Judge Laurel Beeler Presiding
SECOND STIPULATION TO COAST MODIFY CASE MANAGEMENT
ORDER; [PROPOSED] CASE MANAGEMENT ORDER
IT IS HEREBY STIPULATED AS FOLLOWS:
WHEREAS, on October 15, 2012, the Court entered the Case Management Order, setting the pre-trial schedule with a trial date for March 24, 2014 and an ADR Completion Date for November 9, 2012;
WHEREAS, the Court informed counsel that if any party were unable to comply with that date, that it should seek relief from this Court;
WHEREAS, on November 14, 2012, after a meet and confer, the Parties stipulated to continue the ADR Completion Date to February 8, 2013 (see Dkt. 31), which this Court granted (see Dkt. 32);
WHEREAS, on or about January 29, 2013, FDIC learned that, due to a conflicting FDIC event, its two appointed representatives assigned to this case would no longer be able to attend the previously scheduled February 4, 2013 mediation date agreed to by the Parties;
WHEREAS, that same day, FDIC's counsel immediately informed all other counsel and the mediator, Mr. Peter A. Mankin, Esq. of Sheldon & Mankin of the need for a brief continuance;
WHEREAS, the Parties have met and conferred with each other, as well as their selected mediator, Mr. Peter Mankin, regarding a new mediation date, and have confirmed February 20, 2013 as a date agreeable to all parties;
WHEREAS, the Parties have therefore agreed to modification of the pretrial schedule to accommodate FDIC's conflicts;
WHEREAS, the Parties also seek to continue the dates related to the Further Case Management Conference to occur following mediation;
WHEREAS, the Parties' agreed-upon modification of the pretrial schedule does not affect the March 24, 2014 trial date;
WHEREAS, the Parties agree that except for the change of dates herein, all terms of the October 15, 2012 Case Management Order remains in effect.
NOW, THEREFORE, the Parties STIPULATE and AGREE to the following pretrial schedule: 24 25 26 27 28
Case Event Filing Date / Disclosure Deadline / Hearing Date
Date to seek leave to add new parties or amend the 11/12/2012 4 pleadings 5 Updated Joint Case Management Conference 3/1/2013 Statement Further Case Management Conference: Court 3/8/2013 at 10:30 a.m. 8 to discuss a June, 2013 trial date 9 ADR completion date 2/22/2013
Non-expert discovery completion date 4/26/2013 11 Expert disclosures required by Federal Rules of Civil Procedure 3/10/2013 12 Rebuttal expert disclosures 5/24/2013 13 Expert discovery completion date 6/4/2013 14 Last hearing date for dispositive motions and/or 5/8/2013, at 11:00 a.m. 15 further case management conference 16 Meet and confer re pretrial filings 2/11/2014 17 Pretrial filings due 2/20/2014 18 Oppositions, Objections, Exhibits, and Depo 2/27/2014 19 Designations due 20 Final Pretrial Conference 3/13/2014, at 10:30 a.m. 21 Trial (5 Days) 3/24/2014, at 8:30 a.m. 22 23
WHEREAS, in the alternative, if this Court deems that a continuation of the 24 dates of (1) the deadline to file the Further Case Management Conference Statement, 25 and (2) the Further Case Management Conference, is unnecessary, than the Parties 26 respectfully request that the only ADR Completion Date be continued to February 22,
DATED: February 8, 2013 JONATHAN MJENKINS & ASSOCIATES By /s/ Regina Y. Yeh Regina Y. Yeh Counsel for Plaintiff FDIC, as Receiver for Home Savings of America DATED: February 8, 2013 GELLER & ASSOCIATES By /s/ Steven Geller Steven Geller Counsel for Defendant Angelito Reyes, individually, and dba Streamline Appraisals DATED: February 8, 2013 LAW OFFICES OF DAVID G. FINKELSTEIN By Marc D. Bender Counsel for Defendant Cal Coast Financial Corporation
PURSUANT TO STIPULATION, IT IS SO ORDERED:
The Case Management Order is hereby modified as follows:
1. The ADR Completion Date is hereby from February 8, 2013 to February 22, 2013;
2. The date to file the Joint Further Case Management Conference Statement is continued from February 14, 2013 to March 1, 2013; and
3. The Further Case Management Conference is continued from February 21, 2013to March 8, 2013 at 10:30 a.m. in Courtroom C, 15th Floor.
Date: _ ________ ___By ____________________________________
THE HONORABLE LAUREL BEELER United States Magistrate Judge Presiding
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