Opinion
Case No. 2:11-CV-01061-GEB-EFB
10-27-2011
FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B., Plaintiff, v. MELANIE ANDERSON, an Individual, MELANIE ANDERSON dba COTTAGE CREEK APPRAISALS, and DOES 1 THROUGH 40, Inclusive, Defendants.
ANDERSON, McPHARLIN & CONNERS LLP Vanessa H. Widener Jennifer S. Muse Attorneys for Plaintiff FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B. ERICKSEN ARBUTHNOT Mark S. Tratten Nou Lee Attorneys for Defendants MELANIE ANDERSON, an individual, and MELANIE ANDERSON dba COTTAGE CREEK APPRAISALS
VANESSA H. WIDENER (Bar No. 203967)
JENNIFER S. MUSE (Bar No. 211779)
ANDERSON, McPHARLIN & CONNERS LLP
Attorneys for Plaintiff FEDERAL
DEPOSIT INSURANCE
CORPORATION as Receiver for
INDYMAC BANK, F.S.B.
STIPULATION TO MODIFY
SCHEDULING ORDER
The parties, plaintiff FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B., and defendant MELANIE ANDERSON, an individual, and MELANIE ANDERSON dba COTTAGE CREEK APPRAISALS, by and through their respective attorneys of record, hereby stipulate and agree to modify the Status Pretrial Scheduling Order in this matter to extend the expert disclosure cutoff dates.
1. On July 27, 2011, the FDIC filed a Motion to Strike Affirmative Defense which was scheduled to be heard on September 12, 2011. By order of this Court, the hearing on the Motion to Strike was taken off calendar and the matter was taken under submission.
2. On August 3, 2011 the Court issued its Status Pretrial Scheduling Order which, among other things, required the Parties to exchange initial expert witness disclosures pursuant to Fed. R. of Civ. Pro. 26(a)(2)(c) no later than September 27, 2011.
3. On August 22, 2011, the Parties filed a stipulation to extend the time for the exchange of expert witness information to October 27, 2011. The agreement was made to give the Parties sufficient time after the September 12, 2011 hearing on the FDIC's Motion to Strike to conduct discovery and retain experts (if necessary) to address Defendants' comparative fault/negligence affirmative defense.
4. The Court has not rendered a decision on the FDIC's Motion to Strike. Therefore, the Parties stipulate and agree to extend the initial expert disclosure cutoff to January 27, 2012. The parties further agree to extend the contradictory and/or rebuttal expert witness disclosure cutoff date to February 27, 2012.
5. No other provision of the Status Pretrial Scheduling Order is to be modified.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
ANDERSON, McPHARLIN & CONNERS LLP
Vanessa H. Widener
Jennifer S. Muse
Attorneys for Plaintiff FEDERAL DEPOSIT
INSURANCE CORPORATION as Receiver for
INDYMAC BANK, F.S.B.
ERICKSEN ARBUTHNOT
Mark S. Tratten
Nou Lee
Attorneys for Defendants MELANIE
ANDERSON, an individual, and MELANIE
ANDERSON dba COTTAGE CREEK
APPRAISALS
ORDER
Pursuant to the stipulation of the parties, and good cause appearing, IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge