Opinion
Case No. C11-03295-SBA
10-03-2011
FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for INDYMAC BANK, F.S.B., Plaintiff, v. RICHARD STRAUB, an Individual and dba STRAUB APPRAISAL, Defendant.
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. LAW OFFICE OF PETER N. BREWER Julia M. Wei Henry Chuang Attorneys for Defendant RICHARD STRAUB
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 BETWEEN
PLAINTIFF AND DEFENDANT
STRAUB TO STRIKE PLAINTIFF'S
CLAIM FOR ATTORNEY'S FEES
Plaintiff, FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR INDYMAC BANK, F.S.B. ("Plaintiff"), by and through its attorneys of record, Vanessa Widener and Jennifer Muse of Anderson, McPharlin & Conners LLP and defendant RICHARD STRAUB, individually and dba STRAUB APPRAISAL ("Defendant") by and through their attorneys of record Julia M. Wei and Henry Chuang of Law Offices of Peter N. Brewer, hereby stipulate and agree as follows:
1. Plaintiff filed it Complaint for breach of contract and negligent misrepresentations on July 6, 2011. In the prayer for relief, Plaintiff asserted a claim for attorney's fees.
2. Defendant was served with the Complaint on August 16, 2011. By agreement of the parties, his responsive pleading is due on September 30, 2011.
3. After discussions regarding the sufficiency of the pleadings and the Plaintiff's claim for attorney's fees, Plaintiff and Defendant agree that the claim has not been properly plead. Therefore, in the interest of judicial economy, the parties hereby stipulate and agree that Plaintiff's claim for attorney's fees against Defendant shall be dismissed without prejudice.
IT IS SO STIPULATED
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.
LAW OFFICE OF PETER N. BREWER
Julia M. Wei
Henry Chuang
Attorneys for Defendant RICHARD STRAUB
PURSUANT TO STIPULATION, IT IS SO ORDERED.
SANDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE