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ResCap Liquidating Trust v. First California Mortgage Company, 3:18-cv-03283-WHO. (2018)

Court: District Court, N.D. California Number: infdco20181220993 Visitors: 4
Filed: Dec. 18, 2018
Latest Update: Dec. 18, 2018
Summary: STIPULATION REGARDING BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS, STRIKE ALLEGATIONS CONCERNING CONFIDENTIAL SETTLEMENT COMMUNICATIONS, AND STRIKE AFFIRMATIVE DEFENSES [DKT NO. 45] WILLIAM H. ORRICK , District Judge . Pursuant to Civil Local Rules 6-1(b) and 6-2, ResCap Liquidating Trust ("Plaintiff"); Defendants Christopher Hart; Dennis Hart; Elizabeth Hart-Armstrong; David Armstrong; Seagull Services, LLC; First California Lending Solutions; Hart Family Foundation; D
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STIPULATION REGARDING BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS, STRIKE ALLEGATIONS CONCERNING CONFIDENTIAL SETTLEMENT COMMUNICATIONS, AND STRIKE AFFIRMATIVE DEFENSES [DKT NO. 45]

Pursuant to Civil Local Rules 6-1(b) and 6-2, ResCap Liquidating Trust ("Plaintiff"); Defendants Christopher Hart; Dennis Hart; Elizabeth Hart-Armstrong; David Armstrong; Seagull Services, LLC; First California Lending Solutions; Hart Family Foundation; D.M.H. Family Limited Partnership (collectively, "Counterclaimants"); Defendant Tivoli Asset Management (together with Counterclaimants, the "non-FCMC Defendants"), and Defendant First California Mortgage Company (individually, "FCMC," and together with the non-FCMC Defendants, "Defendants") hereby file their Stipulation Regarding Briefing Schedule on Plaintiff's Motion to Dismiss Counterclaims, Strike Allegations Concerning Confidential Settlement Communications, and Strike Affirmative Defenses (Dkt. No. 45):

RECITALS

A. On July 19, 2018, FCMC filed an Answer to Plaintiff's Complaint (Dkt. No. 18).

B. On November 15, 2018, the non-FCMC Defendants filed an Answer to Plaintiff's Complaint (Dkt. No. 42), and Counterclaimants filed Counterclaims (Dkt. No. 43).

C. On December 6, 2018, Plaintiff filed a Motion to Dismiss Counterclaims, Stike Allegations Concerning Confidential Settlement Communications, and Strike Affirmative Defenses (Dkt. No. 45) (the "Motion").

D. Pursuant to Civil Local Rule 7-3, the current deadline for Defendants to file an Opposition to the Motion is December 20, 2018, and the current deadline for Plaintiff to file a Reply is December 27, 2018.

E. A hearing on the Motion is currently scheduled for January 23, 2019, at 2:00 p.m.

F. Subject to the Court's approval, the parties have agreed, in light of the Christmas and New Year holidays, to extend the Opposition filing deadline to December 28, 2018, and the Reply filing deadline to January 10, 2019.

G. The parties previously stipulated to extend the briefing schedule for the non-FCMC Defendants' Motion to Partially Dismiss the Complaint (Dkt. No. 22), and the Court so-ordered that stipulation (Dkt. No. 24). The parties also stipulated to continue the Initial Case Management Conference to the same date as the hearing on the non-FCMC Defendants' Motion to Dismiss (Dkt. Nos. 30 and 31), and the Court so-ordered that stipulation (Dkt. No. 33).

H. Modification of the briefing schedule for the Plaintiff's Motion would not affect the January 23, 2019 hearing on the Motion or any other currently scheduled dates in the case.

STIPULATION

Subject to the Court's approval, the deadline for Defendants to file an Opposition to the Motion shall be December 28, 2018, and the deadline for Plaintiff to file a Reply in support of the Motion shall be January 10, 2019.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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