Opinion
SUSAN D. CONDON, (State Bar No. 143417) VALERIE M. WAGNER, (State Bar No. 173146) GCA LAW PARTNERS LLP, Mountain View, CA. Attorneys for FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B.
TRIEBSCH & FRAMPTON CORY B. CHARTRAND, Attorneys for Defendants, PREMIER VALLEY, INC., DBA CENTURY 21 M&M AND ASSOCIATES, and KAREN BHATTI
Richard Varrasso Appearing Pro Se Emmanuel Kim Appearing Pro Se SOPHIE REISIY ANNEJAD Appearing Pro Se
STIPULATION AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER
CAROLYN K. DELANEY, Magistrate Judge.
STIPULATION
Pursuant to this Court's Order regarding the scheduling of the above-referenced action, (Docket No. 88 dated January 31, 2013), the final pretrial conference is scheduled for January 21, 2014 with a final pretrial statement due on January 8, 2014, and the trial is scheduled for March 25, 2014. On October 22, 2013 (Docket No. 119), this Court agreed to extend the discovery deadline to December 20, 2013 so that the parties could engage in settlement discussions. On November 26, 2013, Plaintiff FDIC as Receiver for IndyMac Bank, F.S.A. ("FDIC-R") and Defendants Karen Bhatti, Premier Valley dba Century 21 M&M, Richard Varrasso, and Cross-Defendant Emmanuel Kim attended a mediation conducted by Brad Benning. While the parties have not yet settled the case, sufficient progress was made to schedule a second mediation on December 23, 2013.
In light of the foregoing, the Parties desire to again continue the discovery deadline an additional 30 days to January 20, 2014 in order to allow the parties to mediate on December 23, 2013 and complete discovery afterwards, if necessary. Given that the final pretrial statement is due on January 7, 2014 and the final pretrial conference is scheduled for February 21, 2014, the parties also desire a continuance of the final pretrial conference an additional few weeks, to a date available on the Court's calendar. Should the Court find it necessary to continue the trial a brief time, the parties are likewise amenable.
Therefore, the parties hereby stipulate and respectfully seek leave of Court to continue the deadline to complete discovery to January 20, 2014, to allow the parties to mediate the case and complete discovery as necessary, as well as continue the final pretrial conference.
We are advised by the husband of Cross-Defendant Sophie Reisiyannejad that she remains out of the country and therefore is not available to stipulate. Further, Defendant Josie Rich has filed a notice of bankruptcy and therefore she has not been party to the settlement discussions or this stipulation.
IT IS SO STIPULATED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Court hereby grants the parties' request to continue the deadline to complete discovery to January 20, 2014, to allow the parties to mediate the case and complete discovery as necessary.
The parties are advised, however, that the pretrial conference date cannot be continued in the absence of a continuation of the trial date. A separate request must be made to the District Judge assigned to this action should the parties desire a continuance of the final pretrial conference.