Hunter et al v. Citibank, N.A. et al, No. 5:2009cv02079 - Document 416 (N.D. Cal. 2010)

Court Description: ORDER DENYING 415 STIPULATION filed by Anita Hunter. The Court does not find good cause to grant the parties' stipulation. Signed by Judge James Ware on 11/12/2010. (ecg, COURT STAFF) (Filed on 11/12/2010)

Download PDF

Hunter et al v. Citibank, N.A. et al 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION D DENIE re mes Wa Judge Ja 8 Plaintiffs, Case No.: A H ANITA HUNTER, et al. LI RT ER 6 7 R NIA UNITED STATES DISTRICT COURT NO 3 FO 2 ISTRIC ES D TC AT T RT U O S [Complete list of parties represented may be found on signature page] UNIT ED 1 Doc. 416 N C F D IS T IC T O R 11/12/2010 09-cv-02079 JW Assigned to Hon. James Ware vs. 9 10 CITIBANK, N.A., et al. Defendants 11 STIPULATION AND [PROPOSED] ORDER RE: HEARING ON MOTION FOR SUMMARY JUDGMENT AND FACT DISCOVERY CUTOFF Related to Case No.: 12 5:09-md-02028 JW WHEREAS, the preliminary approval hearing for the Wave III Settlements is set for 13 14 February 7,2011, and, if approved, the Wave III funds will add to the over $106 million 15 provided by Waves I and II; WHEREAS, after Wave III, Plaintiffs believe only a small number of defendants will 16 17 remain in this class action; WHEREAS, one Defendant that will not be in Wave III is Defendant Silicon Valley 18 19 law Group ("SVLG"); WHEREAS, SVLG has filed its Motion for Summary Judgment ("MSJ", Docket No. 20 21 402) which is presently calendared to be heard on January 31, 2011; 22 WHEREAS, Plaintiffs' opposition to the MSJ is presently due January 10, 2011; 23 WHEREAS, Counsel for Plaintiffs and SVLG agree that certain depositions must be 24 taken before briefing on the MSJ can be completed; WHEREAS, Counsel for Plaintiffs and SVLG agree that, due to the holidays and other 25 26 conflicts, the discovery that must be completed to fully brief the MSJ cannot be completed 27 within the existing schedule; WHEREAS, in addition, the Bankruptcy Trustee appointed in the Okun Bankruptcy 28 7316.001 09-cv-2079 JW Dockets.Justia.com 1 Proceedings (In re The 1031 Tax Group, LLC, U.S. Bankruptcy Court, S.D.N.Y. Case No. 07- 2 bk-11448-MG) has recently filed his case against SVLG in this Court (McHale v. Silicon Valley 3 Law Group, Case No. 5:10-cv-04864-HRL); 4 5 WHEREAS, this Court has previously directed the parties to this action to coordinate depositions with the Bankruptcy Trustee when practicable; 6 WHEREAS, in order to provide time for the MSJ discovery to be coordinated with the 7 Trustee and completed, Counsel for Plaintiffs and SVLG agree that the MSJ hearing date 8 should be continued by 60 days, or until April 1, 2011, so long as the other dates herein 9 discussed are also continued; 1 10 WHEREAS, Counsel for Plaintiffs and SVLG, as well as counsel for certain other 11 defendants, agree that, while in the near term the focus of depositions will likely be on 12 completing the MSJ discovery, additional depositions are needed to prepare for trial, and the 13 current fact discovery cut-off of February 14, 2011 needs be continued to allow time for that 14 additional fact discovery to be completed, particularly as to damages, after the MSJ is ruled 15 upon; WHEREAS, Counsel for Plaintiffs and the Defendants2 agree that the following case 16 17 deadlines should all be continued: (1) the MSJ hearing date should be continued by roughly 60 18 days, or until April 1, 2011; (2) the fact discovery cut-off should be continued by roughly 90 19 days or until May 13, 2011; (3) the Expert Disclosure deadline (presently March 14,2011) 20 should be continued to May 23,2011; and, (4) the deadline for Disclosure of Rebuttal Expert 21 Witnesses (presently March 28, 2011) should be continued to May 31, 2011. 22 NOW THEREFORE, BASED UPON THE FOREGOING, IT IS HEREBY 23 STIPULATED AND AGREED THAT: the hearing date on SVLG's MSJ should be continued 24 until April 1, 2011; the fact discovery cut-off should be continued to May 13,2011; the Expert 25 26 27 28 1 SVLG's agreement to continue the MSJ hearing date is contingent upon the other dates herein discussed also being continued. Defendants Foley & Lardner and Steve Burr, as well as Defendants Kutak Rock and Joe Kavan are not parties to this Stipulation because they are settling in Wave III and have been exempted from discovery pending approval of their respective settlements pursuant to prior stipulations. 2 7316.001 09-cv-2079 JW 1 Disclosure deadline should be continued to May 23, 2011; and, the deadline for Disclosure of 2 Rebuttal Expert Witnesses should be continued to May 31, 2011. All other dates previously 3 ordered by the court in Docket No. 370 will remain the same. 4 Dated: November 11, 2010 5 6 HOLLISTER & BRACE FOLEY BEZEK BEHLE & CURTIS LLP ZELLE MCDONOUGH & COHEN By: /s/ Michael P. Denver ROBERT L. BRACE MICHAEL P. DENVER HOLLISTER & BRACE P.O. Box 630 Santa Barbara, CA 93102 Telephone: (805) 963-6711 7 8 9 10 and 11 THOMAS G. FOLEY, JR FOLEY, BEZEK, BEHLE &CURTISLLP 15 W. Carrillo Street Santa Barbara, CA 93101 Telephone: (805) 962-9495 12 13 14 Attorneys for Plaintiff Anita Hunter and the Class 15 16 ANTHONY ZELLE BRIAN MCDONOUGH ZELLE MCDONOUGH &COHENLLP 101 Federal Street, 14th Floor Boston, MA 02110 Telephone: (617) 742-6520 x219 (Appearing Pro hac vice) 17 18 19 20 Attorneys for Plaintiff Quirk Infiniti and the Class 21 22 Dated: November 11, 2010 GREENBERG TRAURIG, LLP 23 By: 24 25 26 /s/ William Goines WILLIAM GOINES 1900 University Avenue, 5th Floor East Palo Alto, CA 94303 Telephone: (650) 289-7860 Attorney for Defendant United Western Bank (f/k/a Matrix Capital Bank) 27 28 7316.001 09-cv-2079 JW 1 Dated: November 11, 2010 2 LEVINE KELLOGG LEHMAN SCHNEIDER & GROSSMAN LLP By: lsi Lawrence Kello LAWRENCE A. KELLOGG LEVINE KELLOGG LEHMAN SCHNEIDER & GROSSMAN LLP Miami Center - 34th Floor 201 South Biscayne Boulevard Miami, FL 33131 Telephone: (305) 403-8788 3 4 5 6 7 and 8 11 TIMOTHY J. HALLORAN JONATHAN M. BLUTE MURPHY, PEARSON, BRADLEY & FEENEY 88 Kearny Street, 10th Floor San Francisco, CA 94108-5530 Telephone: (415)788-1900 12 Attorneys for Defendant Jorden Burt LLP 9 10 13 Dated: November 11, 2010 14 THE GORDON LAW FIRM LLP By: 15 Isl Todd B. Gordon STEPHEN F. GORDON TODD B. GORDON 101 Federal Street, 17th Floor Boston, MA 02110 Telephone: 261-0100 Ext 128 Direct Dial: 617 456-1270 16 17 18 (Appearing Pro hac vice) 19 and 20 Michael Drury, Esq. Jeffrey N. Labovitch, Esq. RIEDL, MCCLOSKEY & WARING LLP 550 West "C" Street, Suite 2050 San Diego, CA 92101 Telephone: (619) 237-3095 21 22 23 24 Attorneys for the Boulder Defendants and Defendant Roy S. MacDowell, Jr. 25 26 27 28 7316.001 09-cv-2079 JW 1 Dated: November 11, 2010 2 FOLEY & LARDNER LLP By: lsi DOll las S elfo el DOUGLASSPELFOGEL 90 Park Avenue, 36th Floor New York, NY 10016-1301 Telephone: (212) 682-7474 3 4 5 EILEEN RIDLEY, ESQ. PATRICK T. WONG, ESQ. One Maritime Plaza, Sixth Floor San Francisco, CA 94111-3404 Telephone: (415) 434-4484 6 7 8 Attorne]!.s for Cordell LLLP, Cordell onsultants, New York L C, Cordell Consultants Inc. Money Purchase Plan, and Robin Rodriguez 9 10 11 Dated: November 11, 2010 SIDLEY AUSTIN LLP 12 By: lsi Kevin Fee KEVIN FEE MARK B. BLOCKER THOMAS R. HEISLER One South Dearborn St. Chicago, IL 60603 Telephone: (312) 853-6097 13 14 15 16 CAROL LYNN THOMPSON R. VAN SWEARINGTON 555 California Street, Suite 2000 San Francisco, CA 94104 Telephone: (415)772-1291 17 18 19 JOHN VAN DE WEERT 1501 K Street, N.W. Washington, D.C. 20005 Telephone: (202) 736-8094 20 21 22 Attorneys for Defendant Citibank, NA. 23 24 25 26 27 28 7316.001 09-cv-2079 JW 1 Dated: November 11, 2010 LERCH STURMER LLP 2 By: 3 4 lsi Debra Sturmer JEROME LERCH DEBRA STURMER BRETTBROGE 333 Bush St. Ste. 2020 San Francisco, CA 94104 Telephone: (415) 217-6340 5 6 Attorneys for Defendant Silicon Valley Law Group 7 8 9 10 11 IT IS SO ORDERED. The Court does not find good cause to grant the parties' stipulation. Dated: November 12, 2010 12 HON. JAMES WARE 13 14 15 16 17 18 19 20 I, Michael P. Denver am the ECF User whose ID and password are being used to file this STIPULATION AND PROPOSED ORDER RE: HEARING ON MOTION FOR SUMMARY JUDGMENT AND FACT DISCOVERY CUTOFF. In compliance with General Order 45, X.B., I hereby attest that the counsel whose e-signature appears on the foregoing signature pages has concurred in this filing. 21 lsi Michael P. Denver 22 23 24 25 26 27 28 7316.001 09-cv-2079 JW

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.