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California Earthquake Authority v. Metropolitan West Securities

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO DIVISION


April 26, 2013

CALIFORNIA EARTHQUAKE AUTHORITY,
PLAINTIFF,
v.
METROPOLITAN WEST SECURITIES, LLC; AND WACHOVIA BANK, N.A.; AND DOES 1 THROUGH 25, DEFENDANTS.

STIPULATION AND JOINT REQUEST FOR RELIEF FROM COURT'S FEBRUARY 1, 2013, THIRD AMENDED PRETRIAL SCHEDULING ORDER ORDER

Date action removed: February 4, 2010 Trial date: March 31, 2014

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

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

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);

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 twenty (20) days thereafter (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 on January 9, 2013, the Parties further jointly requested relief from the Court's Scheduling Order (see Docket No. 125);

WHEREAS on February 1, 2013, this Court issued a Third Amended Pretrial Scheduling Order providing that disclosure of expert witnesses is due by July 31, 2013, a supplemental list of expert witnesses is due thirty (30) days thereafter (August 30, 2013), and the last day to hear dispositive motions is November 14, 2013 (see Docket No. 127). Further, the Third Amended Pretrial Scheduling Order set a new trial date of March 31, 2014, and revised the pretrial schedule accordingly (id.);

WHEREAS the Parties, after a concerted and good faith effort to coordinate the schedules of the parties, their counsel and the agreed upon mediator, have now confirmed an all-day mediation session scheduled for June 17, 2013, before the Honorable Edward Infante (Ret.) at JAMS in San Francisco, California;

WHEREAS the Parties believe that an adjustment to the expert discovery deadlines in the Third Amended Pretrial Scheduling Order would permit them to focus their efforts on mediation and preserve resources by delaying work on expert reports, and that good cause exists for the continuance because the parties have worked diligently to coordinate the mediation and have otherwise completed fact discovery;

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

Present Schedule Jointly Requested Schedule

Expert Witness July 31, 2013 September 30, 2013 Disclosure/Report Supplemental 30 days after designation of 30 days after designation of Disclosure/Report expert witnesses expert witnesses (or August 30, 2013) (or October 30, 2013) LD to Hear Dispositive November 14, 2013 January 9, 20141 Motions Parties to comply with the filing schedule outlined in this Court's Third Amended Pretrial Scheduling Order (Docket No. 127 at p. 4).

IT IS SO STIPULATED:

DATED: April 23, 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.

DATED: April 23, 2013 STRUMWASSER & WOOCHER LLP

By /s/ Michael J. Strumwasser Michael J. Strumwasser Attorneys for Plaintiff California Earthquake Authority

IT IS SO ORDERED.

20130426

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