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Federal Deposit Insurance Corporation v. Switzer

United States District Court, N.D. California, San Francisco Division

January 29, 2014

FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for SONOMA VALLEY BANK, Plaintiff,
v.
MELVIN J. SWITZER, SEAN C. CUTTING, and BRIAN MELLAND, Defendants.

SCHIFF HARDIN LLP, Antony S. Burt, (Illinois Bar No. 019234), Chicago, IL, SCHIFF HARDIN LLP, Robert B. Mullen, (Bar No. 136346), Nicole S. Kilgore, (Bar No. 253072), San Francisco, CA, Attorneys for Plaintiff, FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for SONOMA VALLEY BANK.

JONES DAY, Neal J. Stephens, Valerie McConnell, Attorneys for Defendant, SEAN C. CUTTING.

DUANE MORRIS LLP, George D. Niespolo, Stephen H. Sutro, Attorneys for Defendant. MELVIN J. SWITZER.

GEARY, SHEA, O'DONNELL, GRATTAN & MITCHELL, P.C. John A. Holdredge, Matthew K. Good, Attorneys for Defendant, BRIAN MELLAND.

STIPULATION TO EXTEND THE BRIEFING SCHEDULE OF DEFENDANTS' MOTIONS TO DISMISS, AND TO PERMIT PLAINTIFF TO FILE ONE OVERLENGTH OPPOSITION BRIEF; [PROPOSED] ORDER

RICHARD SEEBORG, District Judge.

Plaintiff Federal Deposit Insurance Corporation as Receiver for Sonoma Valley Bank ("Plaintiff") and Defendants Sean C. Cutting ("Cutting"), Melvin J. Switzer ("Switzer") and Brian Melland ("Melland") (collectively, "Defendants"), by and through their counsel, hereby enter into this Stipulation based on the following:

1. On December 10, 2013, Defendants Cutting and Switzer responded to Plaintiff's complaint by filing a Motion to Dismiss the Complaint Pursuant to FRCP 12(b)(6) ("Motion to Dismiss") [Doc. Nos. 13-17].

2. On January 15, 2014, Defendant Melland ("Melland") responded to the complaint by filing a separate Motion to Dismiss the Complaint Pursuant to FRCP 12(b)(6) [Doc. No. 20-21].

3. On December 13, 2013, Plaintiff and Defendants Cutting and Switzer entered a stipulation, and the Court entered an order, providing that Plaintiff shall file opposition papers by January 29, 2014, with Defendants' reply papers due February 12, 2014, and the hearing date for the Motions to Dismiss on March 13, 2014 at 1:30 p.m. in Courtroom 3 [Doc. No. 18].

4. To accommodate a conflict of the Plaintiff's counsel, the parties now propose to extend the above briefing deadline, with Plaintiff's opposition to both motions due February 4, 2014, and Defendants' reply papers due February 21, 2014.

5. Further, for the sake of efficiency, the parties propose to allow Plaintiff to file a single brief in opposition to both Motions to Dismiss with a page limitation of thirty-five (35) pages rather than filing two separate opposition briefs each with a page limitation of twenty-five (25) pages, pursuant to Rule 7-4 of the Civil Local Rules, U.S. District Court, Northern District of California.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT Plaintiff's opposition to the Motions to Dismiss shall be filed on or before February 4, 2014; Defendants' reply papers shall be filed on or before February 21, 2014; and the Motions to Dismiss shall remain scheduled for hearing on March 13, 2014 at 1:30 p.m. in Courtroom 3. Further, Plaintiff may file a single brief in opposition to both motions, not to exceed thirty-five (35) pages of text.

[PROPOSED] ORDER

Pursuant to the Parties' stipulation, Plaintiff Federal Deposit Insurance Corporation as Receiver for Sonoma Valley Bank's opposition to Defendants Sean C. Cutting and Melvin J. Switzer's Motion to Dismiss the Complaint Pursuant to FRCP 12(b)(6), and opposition to Defendant Brian Melland's Motion to Dismiss Complaint Pursuant to FRCP 12(b)(6), shall be filed on or before February 4, 2014. Defendants' reply papers, if any, shall be filed on or before February 21, 2014. Further, Plaintiff may file a single brief in opposition to both Motions to Dismiss, not to exceed 35 pages of text. The hearing of the Motions to Dismiss and the Initial Case Management Conference shall remain scheduled for March 13, 2014 at 1:30 p.m. in Courtroom 3 before the Honorable Richard Seeborg.

IT IS SO ORDERED.


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