Schoenmann v. Federal Deposit Insurance Corporation
Plaintiff: E. Lynn Schoenmann
Defendant: Federal Deposit Insurance Corporation and Federal Deposit Insurance Corporation as Receiver for United Commercial Bank
Case Number: 3:2010cv03989
Filed: September 7, 2010
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: Alameda
Presiding Judge: Charles R Breyer
Referring Judge: Maria-Elena James
Nature of Suit: Banks and Banking
Cause of Action: 12 U.S.C. ยง 1821 Default of Loan by Promissary Note
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 15, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2015 Filing 161 STIPULATION of dismissal with prejudice pursuant to settlement agreement filed by E. Lynn Schoenmann. (Kieve, Loren) (Filed on 3/15/2015)
October 2, 2014 Opinion or Order Filing 160 AMENDED ORDER OF DISMISSAL (90 days conditional dismissal). Signed by Judge Charles R. Breyer on 10/2/2014. (beS, COURT STAFF) (Filed on 10/2/2014)
September 30, 2014 Opinion or Order Filing 159 ORDER OF DISMISSAL (30 days conditional dismissal). Signed by Judge Charles R. Breyer on 9/30/2014. (beS, COURT STAFF) (Filed on 9/30/2014)
September 25, 2014 Filing 158 Minute Entry: Settlement Conference held on 9/24/14 before Magistrate Judge Joseph C. Spero. Case settled.(Recording #Not Reported.) (klhS, COURT STAFF) (Date Filed: 9/25/2014)
August 21, 2014 Filing 157 CLERKS NOTICE VACATING the CASE MANAGMENT CONFERENCE currently set for 8/22/2014 @ 8:30 re #153 NOTICE OF SETTLEMENT CONFERENCE before Magistrate Judge Joseph C. Spero. (beS, COURT STAFF) (Filed on 8/21/2014)
August 18, 2014 Opinion or Order Filing 156 ORDER, signed 8/18/14, GRANTING re #155 Letter filed by E. Lynn Schoenmann for Additional pages in the parties' settlement conference statements. Signed by Judge Joseph C. Spero on 8/18/14. (klhS, COURT STAFF) (Filed on 8/18/2014)
August 15, 2014 Filing 155 Letter from Loren Kieve, counsel for plaintiff seeking additional pages for the parties' settlement conference statements. (Attachments: #1 Proposed Order)(Kieve, Loren) (Filed on 8/15/2014)
August 15, 2014 Filing 154 CASE MANAGEMENT STATEMENT (Supplemental) filed by E. Lynn Schoenmann. (Kieve, Loren) (Filed on 8/15/2014)
August 13, 2014 Opinion or Order Filing 153 NOTICE OF SETTLEMENT CONFERENCE andOrder Setting Settlement Conference before Magistrate Judge Joseph C. Spero. Settlement Conference set for 9/24/2014 11:00 AM in Courtroom G, 15th Floor, San Francisco.. Signed by Judge Joseph C. Spero on 8/13/14. (klhS, COURT STAFF) (Filed on 8/13/2014)
August 12, 2014 Opinion or Order Filing 152 ORDER REFERRING CASE to Magistrate Judge Joseph C. Spero for Settlement, re #151 STIPULATION and Proposed Order selecting Mediation by Federal Deposit Insurance Corporation in its corporate capacity and in its capacity as receiver for United Commercial Bank, and Plaintiff filed by Federal Deposit Insurance Corporation, Signed by Judge Charles R. Breyer on 8/12/2014. (beS, COURT STAFF) (Filed on 8/12/2014)
August 12, 2014 Filing 151 STIPULATION and Proposed Order selecting Mediation by Federal Deposit Insurance Corporation in its corporate capacity and in its capacity as receiver for United Commercial Bank, and Plaintiff filed by Federal Deposit Insurance Corporation. (Slater, James) (Filed on 8/12/2014)
August 12, 2014 CASE REFERRED to Magistrate Judge Joseph C. Spero for Settlement. (lmh, COURT STAFF) (Filed on 8/12/2014)
July 29, 2014 Filing 150 CLERKS NOTICE (text entry only, no document associated with this entry.) Case Management Statement due by 8/15/2014. Telephonic Case Management Conference reset for 8/22/2014 08:30 AM in Courtroom 6, 17th Floor, San Francisco (reset upon counsel's request). (beS, COURT STAFF) (Filed on 7/29/2014)
July 29, 2014 Filing 149 CLERKS NOTICE (text entry only, no document associated with this entry.) Case Management Statement due by 8/1/2014. Further Case Management Conference set for 8/8/2014 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 7/29/2014)
March 7, 2014 Filing 148 CLERKS NOTICE - In accordance with L.R. 72-2 all parties are notified that the MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE ENTERED ON JANUARY 23, 2014 filed by E. Lynn Schoenmann docket no. #147 has been deemed denied(text entry only, no document associated with this entry). (beS, COURT STAFF) (Filed on 3/7/2014)
January 31, 2014 Filing 147 MOTION for Discovery MOTION FOR RELIEF FROM NONDISPOSITIVE PRETRIAL ORDER OF MAGISTRATE JUDGE ENTERED ON JANUARY 23, 2014 (ECF DOC. #146) filed by E. Lynn Schoenmann. Responses due by 2/14/2014. Replies due by 2/21/2014. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhbit C, #4 Exhbit D, #5 Proposed Order, #6 Certificate/Proof of Service)(Kieve, Loren) (Filed on 1/31/2014)
January 23, 2014 Opinion or Order Filing 146 Discovery Order re Joint Letter #141 . Signed by Judge Maria-Elena James on 1/23/14. (mejlc2, COURT STAFF) (Filed on 1/23/2014)
January 6, 2014 Opinion or Order Filing 145 ORDER by Judge Maria-Elena James denying #133 Motion to Compel (mejlc2, COURT STAFF) (Filed on 1/6/2014)
January 4, 2014 Filing 144 Transcript of Proceedings of Official Electronic Sound Recordings held on 11-21-13, before Judge Maria-Elena James. Court Reporter/Transcriber Kathy Wyatt, transcriber, Telephone number 925-212-5224. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 4/4/2014. (Related documents(s) #142 ) (kpw, COURT STAFF) (Filed on 1/4/2014)
December 31, 2013 Filing 143 NOTICE by Federal Deposit Insurance Corporation of Withdrawal of Appearance of Mr. Holzman (Holzman, Thomas) (Filed on 12/31/2013)
November 26, 2013 Filing 142 TRANSCRIPT ORDER by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank for Court Reporter FTR - San Francisco. (Toral, Todd) (Filed on 11/26/2013)
November 26, 2013 Filing 141 Joint Discovery Letter Brief filed by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Clarke, John) (Filed on 11/26/2013)
November 22, 2013 Filing 140 Minute Entry: Discovery Hearing held on 11/21/2013 before Magistrate Judge Maria-Elena James (Date Filed: 11/22/2013). (Recording #FTR: 10:15 - 10:44; 10:48 - 11:09.) (rmm2S, COURT STAFF) (Date Filed: 11/22/2013)
November 15, 2013 Filing 139 NOTICE of Appearance by Sandra L Sheldon (Sheldon, Sandra) (Filed on 11/15/2013)
November 12, 2013 Opinion or Order Filing 138 ORDER by Magistrate Judge Maria-Elena James granting #136 Stipulation Changing Date For Hearing on Motion to Compel. (rmm2S, COURT STAFF) (Filed on 11/12/2013)
November 12, 2013 Set/Reset Hearing re #133 MOTION to Compel Production of Documents Being Withheld at the Instruction of the Plaintiff Trustee by Non-Party Witness Doreen Woo Ho, with Memorandum of Points and Authorities Discovery Hearing set for 11/21/2013 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (rmm2S, COURT STAFF) (Filed on 11/12/2013)
November 11, 2013 Filing 137 RESPONSE re #133 MOTION to Compel Production of Documents Being Withheld at the Instruction of the Plaintiff Trustee by Non-Party Witness Doreen Woo Ho, with Memorandum of Points and Authorities. Opposition of the Trustee to the FDIC's motion to compel production of privileged and work product materials, and Request for Protective Order filed byE. Lynn Schoenmann. (Attachments: #1 Declaration of Loren Kieve in opposition to motion to compel, #2 Proposed Order)(Kieve, Loren) (Filed on 11/11/2013) Modified on 11/12/2013 (mclS, COURT STAFF).
November 11, 2013 Filing 136 STIPULATION WITH PROPOSED ORDER re #133 MOTION to Compel Production of Documents Being Withheld at the Instruction of the Plaintiff Trustee by Non-Party Witness Doreen Woo Ho, with Memorandum of Points and Authorities setting the hearing on the motion for November 21, 2013 instead of November 14, 2013 filed by E. Lynn Schoenmann. (Kieve, Loren) (Filed on 11/11/2013)
November 4, 2013 Filing 135 Proposed Order re #133 MOTION to Compel Production of Documents Being Withheld at the Instruction of the Plaintiff Trustee by Non-Party Witness Doreen Woo Ho, with Memorandum of Points and Authorities by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank. (Clarke, John) (Filed on 11/4/2013)
November 4, 2013 Filing 134 Declaration of John J. Clarke, Jr. in Support of #133 MOTION to Compel Production of Documents Being Withheld at the Instruction of the Plaintiff Trustee by Non-Party Witness Doreen Woo Ho, with Memorandum of Points and Authorities filed byFederal Deposit Insurance Corporation as Receiver for United Commercial Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Related document(s) #133 ) (Clarke, John) (Filed on 11/4/2013)
November 4, 2013 Filing 133 MOTION to Compel Production of Documents Being Withheld at the Instruction of the Plaintiff Trustee by Non-Party Witness Doreen Woo Ho, with Memorandum of Points and Authorities filed by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank. Motion Hearing set for 11/14/2013 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. Responses due by 11/11/2013. Replies due by 11/14/2013. (Clarke, John) (Filed on 11/4/2013)
October 28, 2013 Opinion or Order Filing 132 DISCOVERY ORDER RE SEPT. 19, 2013 JOINT LETTER #130 : Granting leave to file motion to compel; setting briefing deadline and hearing date. Signed by Judge Maria-Elena James on 10/28/2013. (mejlc2, COURT STAFF) (Filed on 10/28/2013)
October 28, 2013 Set/Reset Hearing Discovery Hearing set for 11/14/2013 10:00 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Maria-Elena James. (mejlc2, COURT STAFF) (Filed on 10/28/2013)
September 30, 2013 Filing 131 STIPULATION Withdrawing Without Prejudice Defendants' Notice of Deposition of the Trustee filed by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank. (Toral, Todd) (Filed on 9/30/2013)
September 19, 2013 Filing 130 Joint Discovery Letter Brief Pursuant to Magistrate Judge James's Standing Order filed by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank. (Clarke, John) (Filed on 9/19/2013)
May 30, 2013 ***Clerks Notice (text enty only, no document associated with this entry). In accordance with L.R. 72-2 all parties are notified that the objection has been deemed denied. Motions terminated: #129 MOTION For Relief from Nondispositive Pretrial Order of Magistrate Judge, with Memorandum of Points and Authorities re #128 Order on Discovery Letter Brief filed by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank, Federal Deposit Insurance Corporation. (beS, COURT STAFF) (Filed on 5/30/2013)
May 15, 2013 Filing 129 MOTION For Relief from Nondispositive Pretrial Order of Magistrate Judge, with Memorandum of Points and Authorities re #128 Order on Discovery Letter Brief filed by Federal Deposit Insurance Corporation, Federal Deposit Insurance Corporation as Receiver for United Commercial Bank. Responses due by 5/29/2013. Replies due by 6/5/2013. (Attachments: #1 Affidavit of John J. Clarke, Jr., #2 Exhibit A to Affidavit of John J. Clarke, Jr., #3 Exhibit B to Affidavit of John J. Clarke, Jr., #4 Exhibit C to Affidavit of John J. Clarke, Jr., #5 Proposed Order)(Toral, Todd) (Filed on 5/15/2013)
May 2, 2013 Opinion or Order Filing 128 DISCOVERY ORDER by Judge Maria-Elena James re: #127 Discovery Letter Brief (cdnS, COURT STAFF) (Filed on 5/2/2013)
April 29, 2013 Filing 127 Discovery Letter Brief Joint Discovery Letter pursuant to Chief Magistrate Judge James's Standing Order filed by E. Lynn Schoenmann. (Kieve, Loren) (Filed on 4/29/2013)
January 17, 2013 Opinion or Order Filing 126 ORDER re #125 Order,. Signed by Magistrate Judge Maria-Elena James on 1/17/2013. (Attachments: #1 Standing Order-Discovery)(rmm2S, COURT STAFF) (Filed on 1/17/2013)
January 10, 2013 Opinion or Order Filing 125 ORDER re #123 Opposition/Response to Motion filed by E. Lynn Schoenmann Re Administrative Moiton should be decided by Chief Magistrate Judge Maria-Elena James. Signed by Judge Charles R. Breyer on 1/9/2013. (beS, COURT STAFF) (Filed on 1/10/2013)
January 8, 2013 Filing 124 STIPULATION Regarding Testimony of Non-Party Witness Craig S. On filed by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank. (Toral, Todd) (Filed on 1/8/2013)
January 3, 2013 Filing 123 RESPONSE (re #121 MOTION for Determination of Procedures for Discovery Disputes ) filed byE. Lynn Schoenmann. (Attachments: #1 Proposed Order)(Kieve, Loren) (Filed on 1/3/2013)
January 2, 2013 Filing 122 Proposed Order re #121 MOTION for Determination of Procedures for Discovery Disputes by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank. (Toral, Todd) (Filed on 1/2/2013)
January 2, 2013 Filing 121 MOTION for Determination of Procedures for Discovery Disputes filed by Federal Deposit Insurance Corporation as Receiver for United Commercial Bank. Responses due by 1/16/2013. Replies due by 1/23/2013. (Toral, Todd) (Filed on 1/2/2013)
October 2, 2012 Filing 120 ANSWER to #118 Second Amended Complaint by FDIC in its corporate capacity byFederal Deposit Insurance Corporation. (Slater, James) (Filed on 10/2/2012) Modified on 10/3/2012 (mcl, COURT STAFF).
October 2, 2012 Filing 119 Answer to Amended Complaint #118 Amended Complaint, Second byFederal Deposit Insurance Corporation. (Toral, Todd) (Filed on 10/2/2012)
September 18, 2012 Filing 118 AMENDED COMPLAINT Second Amended Complaint against Federal Deposit Insurance Corporation, as receiver for United Commercial Bank, Federal Deposit Insurance Corporation, in its Corporate Capacity. Filed byE. Lynn Schoenmann. (Kieve, Loren) (Filed on 9/18/2012)
September 11, 2012 Filing 117 STIPULATION EXTENDING TIME TO RESPOND TO SECOND AMENDED COMPLAINT filed by Federal Deposit Insurance Corporation, as receiver for United Commercial Bank. (Kizer, Kathleen) (Filed on 9/11/2012)
September 4, 2012 Opinion or Order Filing 116 ORDER by Judge Charles R. Breyer granting #92 Motion to Strike. (crblc2, COURT STAFF) (Filed on 9/4/2012)
September 4, 2012 Opinion or Order Filing 115 ORDER by Judge Charles R. Breyer denying #112 Motion for Reconsideration. (crblc2, COURT STAFF) (Filed on 9/4/2012)
August 30, 2012 Filing 114 Transcript of Proceedings held on 8-24-12, before Judge Charles Breyer. Court Reporter/Transcriber Katherine Wyatt, Telephone number 925-212-5224. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 11/28/2012. (kpw, COURT STAFF) (Filed on 8/30/2012)
August 24, 2012 Filing 113 Minute Entry: Motion Hearing held on 8/24/2012 before Charles R. Breyer (Date Filed: 8/24/2012) re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion filed by Federal Deposit Insurance Corporation, as receiver for United Commercial Bank, Federal Deposit Insurance Corporation, in its Corporate Capacity. (Court Reporter Kathy Wyatt.) (beS, COURT STAFF) (Date Filed: 8/24/2012)
August 24, 2012 Filing 112 MOTION for Reconsideration re #46 Order on Motion to Dismiss, motion for leave to file motion for reconsideration of the Court's April 21, 2011 order granting in part and denying in part defendants' motion to dismiss filed by E. Lynn Schoenmann. (Attachments: #1 Declaration in support of motion for leave to file motion for reconsideration, #2 Proposed Order granting leave to file a motion for reconsideration)(Kieve, Loren) (Filed on 8/24/2012)
August 19, 2012 Filing 111 REPLY (re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion ) Surreply to defendant FDIC's motion to strike and dismiss parts of the amended complaint filed byE. Lynn Schoenmann. (Attachments: #1 Declaration in support of surreply)(Kieve, Loren) (Filed on 8/19/2012)
August 17, 2012 Opinion or Order Filing 110 ORDER GRANTING PLAINTIFF LEAVE TO FILE SURREPLY by Judge Charles R. Breyer granting #102 Motion for Leave to File. (wsn, COURT STAFF) (Filed on 8/17/2012)
August 16, 2012 Filing 109 JOINT CASE MANAGEMENT STATEMENT (SUPPLEMENTAL) filed by Federal Deposit Insurance Corporation, as receiver for United Commercial Bank. (Attachments: #1 Exhibit A)(Toral, Todd) (Filed on 8/16/2012)
August 7, 2012 Filing 108 REPLY (re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion, #102 MOTION for Leave to File surreply to defendant FDIC's motion to strike and dismiss parts of the amended complaint or to file further amended complaint ) filed byE. Lynn Schoenmann. (Kieve, Loren) (Filed on 8/7/2012)
August 3, 2012 Filing 107 DECLARATION of John J. Clarke, Jr. in Opposition to #102 MOTION for Leave to File surreply to defendant FDIC's motion to strike and dismiss parts of the amended complaint or to file further amended complaint filed byFederal Deposit Insurance Corporation, as receiver for United Commercial Bank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #102 ) (Toral, Todd) (Filed on 8/3/2012)
August 3, 2012 Filing 106 RESPONSE (re #102 MOTION for Leave to File surreply to defendant FDIC's motion to strike and dismiss parts of the amended complaint or to file further amended complaint ) filed byFederal Deposit Insurance Corporation, as receiver for United Commercial Bank, Federal Deposit Insurance Corporation, in its Corporate Capacity. (Toral, Todd) (Filed on 8/3/2012)
July 21, 2012 Filing 105 RESPONSE (re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion ) Amended declaration of Loren Kieve re available materials at the time the original complaint was filed (to include a formerly redacted exhibit) filed byE. Lynn Schoenmann. (Kieve, Loren) (Filed on 7/21/2012)
July 20, 2012 Filing 104 AMENDED COMPLAINT (unredacted) originally filed on April 27, 2012 against All Defendants. Filed byE. Lynn Schoenmann. (Kieve, Loren) (Filed on 7/20/2012)
July 20, 2012 Filing 103 NOTICE by E. Lynn Schoenmann of filing of unredacted amended complaint (Kieve, Loren) (Filed on 7/20/2012)
July 20, 2012 Filing 102 MOTION for Leave to File surreply to #92 defendant FDIC's motion to strike and dismiss parts of the amended complaint or to file further amended complaint filed by E. Lynn Schoenmann. (Attachments: #1 Declaration of Loren Kieve in support of motion to file surreply or further amended complaint, #2 Exhibit Proposed surreply re defendant FDIC's motion to strike and dismiss parts of the amended complaint, #3 Proposed Order granting leave to file surreply or further amended complaint)(Kieve, Loren) (Filed on 7/20/2012) Modified on 7/23/2012 (mcl, COURT STAFF).
July 10, 2012 Filing 101 REPLY (re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion ) filed byFederal Deposit Insurance Corporation, as receiver for United Commercial Bank, Federal Deposit Insurance Corporation, in its Corporate Capacity. (Toral, Todd) (Filed on 7/10/2012)
July 9, 2012 Opinion or Order Filing 100 ORDER Granting Motion to File Under Seal. Signed by Judge Charles R. Breyer on 7/9/2012. (beS, COURT STAFF) (Filed on 7/9/2012)
July 6, 2012 CLERKS NOTICE (text only, no document on file) Resetting Hearing as to #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint . Case Management Statement due by 8/17/2012. Further Case Management Conference reset for 8/24/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco. Motion Hearing reset for 8/24/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. (beS, COURT STAFF) (Filed on 7/6/2012)
July 3, 2012 Opinion or Order Filing 99 ORDER DENYING #81 Administrative Motion to File Under Seal the amended complaint pursuant to Civil L.R. 79-5(d) filed by E. Lynn Schoenmann. Signed by Judge Maria-Elena James on 7/3/2012. (cdnS, COURT STAFF) (Filed on 7/3/2012)
June 28, 2012 Filing 98 RESPONSE (re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion ) filed byE. Lynn Schoenmann. (Attachments: #1 Declaration of Loren Kieve re availability of evidence at the time the original complaint was filed, #2 Proposed Order denying the FDIC's motion to strike and/or dismiss parts of the amended complaint, #3 Supplement Administrative motion to file document under seal, #4 Proposed Order re administrative motion to file document under seal, #5 Certificate/Proof of Service of administrative motion to file document under seal)(Kieve, Loren) (Filed on 6/28/2012)
June 28, 2012 Opinion or Order Filing 97 ORDER granting #96 STIPULATION WITH PROPOSED ORDER re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion authorizing the Trustee to file an opp filed by E. Lynn Schoenmann.. Signed by Judge Charles R. Breyer on 6/28/2012. (beS, COURT STAFF) (Filed on 6/28/2012)
June 27, 2012 CLERKS NOTICE (text only, no document on file) Joint Supplemental Case Management Statement due by 7/13/2012. Further Case Management Conference reset for 7/20/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 6/27/2012)
June 25, 2012 Filing 96 STIPULATION WITH PROPOSED ORDER re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion authorizing the Trustee to file an opposition of no more than 20 pages filed by E. Lynn Schoenmann. (Kieve, Loren) (Filed on 6/25/2012)
June 18, 2012 Opinion or Order Filing 95 ORDER re #94 STIPULATION WITH PROPOSED ORDER re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint. Reset Deadlines as to #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint filed by Federal Deposit Insurance Corporation, as receiver for United Commercial Bank, Federal Deposit Insurance Corporation, in its Corporate Capacity. Responses due by 6/28/2012. Replies due by 7/10/2012. Motion Hearing set for 7/20/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 6/18/2012. (beS, COURT STAFF) (Filed on 6/18/2012)
June 11, 2012 Filing 94 STIPULATION WITH PROPOSED ORDER re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion filed by Federal Deposit Insurance Corporation, as receiver for United Commercial Bank, Federal Deposit Insurance Corporation, in its Corporate Capacity. (Toral, Todd) (Filed on 6/11/2012)
June 5, 2012 Filing 93 Proposed Order re #92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion by Federal Deposit Insurance Corporation, as receiver for United Commercial Bank, Federal Deposit Insurance Corporation, in its Corporate Capacity. (Toral, Todd) (Filed on 6/5/2012)
June 5, 2012 Filing 92 MOTION to Strike and to Dismiss Certain Counts of Plaintiff's Amended Complaint, with Supporting Memorandum of Points and Authorities; Notice of Motion filed by Federal Deposit Insurance Corporation, as receiver for United Commercial Bank, Federal Deposit Insurance Corporation, in its Corporate Capacity. Motion Hearing set for 7/20/2012 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Responses due by 6/19/2012. Replies due by 6/26/2012. (Toral, Todd) (Filed on 6/5/2012)
May 25, 2012 Opinion or Order Filing 91 ORDER REFERRING MOTION: Seal Plaintiffs' Amended Complaint. Signed by Judge Charles R. Breyer on 5/25/2012. (beS, COURT STAFF) (Filed on 5/25/2012)
May 25, 2012 CASE REFERRED to Magistrate Judge Maria-Elena James for Report and Recommendation (ahm, COURT STAFF) (Filed on 5/25/2012)
May 23, 2012 Filing 90 STIPULATION to Extend Time to File Response to First Amended Complaint filed by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 5/23/2012)
May 9, 2012 Filing 89 RESPONSE to re #88 Brief, #86 Declaration in Support, #87 Response,, further submission of FDIC on sealing portions of the amended complaint by E. Lynn Schoenmann. (Attachments: #1 Certificate/Proof of Service)(Kieve, Loren) (Filed on 5/9/2012)
May 9, 2012 Filing 88 Brief re #84 Order on Administrative Motion to File Under Seal in reply to Trustee's response filed byFederal Deposit Insurance Corporation. (Related document(s) #84 ) (Slater, James) (Filed on 5/9/2012)
May 6, 2012 Filing 87 Response re #86 Declaration in Support, #84 Order on Administrative Motion to File Under Seal opposing the sealing of any portion of the amended complaint byE. Lynn Schoenmann. (Attachments: #1 Proposed Order declining to seal any portion of the amended complaint and ordering that an unredacted amended complaint be filed in the public record, #2 Certificate/Proof of Service of the Trustee's response to the FDIC's declaration regarding sealing the amended complaint)(Kieve, Loren) (Filed on 5/6/2012)
May 4, 2012 Filing 86 Declaration of Thomas L. Holzman in Support of #84 Order on Administrative Motion to File Under Seal filed byFederal Deposit Insurance Corporation. (Related document(s) #84 ) (Slater, James) (Filed on 5/4/2012)
May 3, 2012 Filing 85 CLERKS NOTICE Further Case Management Conference reset for 7/13/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 5/3/2012)
May 2, 2012 Opinion or Order Filing 84 ORDER by Judge Charles R. Breyer granting #81 Administrative Motion to File Amended Complaint Under Seal (beS, COURT STAFF) (Filed on 5/2/2012)
April 30, 2012 Filing 83 STIPULATION TO EXTEND TIME TO FILE RESPONSE TO FIRST AMENDED COMPLAINT filed by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 4/30/2012)
April 30, 2012 Filing 82 Minute Entry: Further Case Management Conference held on 3/23/2012 before Charles R. Breyer (Date Filed: 4/30/2012). Leave to file amended complaint granted. Further Case Management Conference set for 6/1/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (Court Reporter - Not Reported.) (beS, COURT STAFF) (Date Filed: 4/30/2012)
April 27, 2012 Filing 81 Administrative Motion to File Under Seal the amended complaint pursuant to Civil L.R. 79-5(d) filed by E. Lynn Schoenmann. (Attachments: #1 Stipulation re administrative motion to file amended compliant under seal, #2 Proposed Order re administrative motion to file amended complaint under seal, #3 Sealed document envelope cover sheet, #4 Certificate/Proof of Service)(Kieve, Loren) (Filed on 4/27/2012)
March 27, 2012 Opinion or Order Filing 80 ORDER, signed 3/27/12, by Judge Charles R. Breyer granting #79 Motion for Pro Hac Vice Spencer Stiefel (klhS, COURT STAFF) (Filed on 3/27/2012)
March 23, 2012 Filing 79 MOTION for leave to appear in Pro Hac Vice Application for Admission of Attorney Pro Hac Vice ( Filing fee $ 305, receipt number 0971-6687222.) filed by Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order (Proposed) Order Granting Application for Admission of Attorney Pro Hac Vice)(Toral, Todd) (Filed on 3/23/2012)
March 16, 2012 Filing 78 JOINT CASE MANAGEMENT STATEMENT (SUPPLEMENTAL) filed by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 3/16/2012)
February 28, 2012 ADR Remark: ADR Phone Conference held by RWS on 2/28/12. (sgd, COURT STAFF) (Filed on 2/28/2012)
February 27, 2012 Opinion or Order Filing 77 ORDER to Continue CMC re #76 STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed Order] Requesting Continuance of Case Management Conference to March 23, 2012 filed by Federal Deposit Insurance Corporation Further Case Management Conference set for 3/23/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 2/27/2012. (beS, COURT STAFF) (Filed on 2/27/2012)
February 24, 2012 Filing 76 STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed Order] Requesting Continuance of Case Management Conference to March 23, 2012 filed by Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order)(Toral, Todd) (Filed on 2/24/2012)
December 9, 2011 Filing 75 Minute Entry: Further Case Management Conference held on 12/9/2011 before Charles R. Breyer (Date Filed: 12/9/2011). Further Case Management Conference set for 3/2/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (Court Reporter - Not Reported.) (beS, COURT STAFF) (Date Filed: 12/9/2011)
December 6, 2011 ADR Remark: ADR Phone Conference held by RWS on 12/6/11. A further ADR Phone Conference has been scheduled for 2/28/2012 at 9:00 a.m. Pacific time. Please take note that the call-in information remains the same. (sgd, COURT STAFF) (Filed on 12/6/2011)
December 2, 2011 Filing 74 CASE MANAGEMENT STATEMENT JOINT SUPPLEMENTAL CASE MANAGEMENT STATEMENT filed by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 12/2/2011)
December 1, 2011 ADR Remark: The further ADR Phone Conference scheduled for 12/14/11 has been rescheduled to 12/6/11 at 9:00 a.m. Pacific time. Please take note that the call-in information remains the same. (sgd, COURT STAFF) (Filed on 12/1/2011)
December 1, 2011 ADR Remark: The further ADR Phone scheduled for 12/6/11 is now set for 8:30 a.m. Pacific time. and not 9:00 a.m. The call-in information remains the same. (sgd, COURT STAFF) (Filed on 12/1/2011)
November 1, 2011 Opinion or Order Filing 73 ORDER resetting CMC re #72 Order, Set Hearings Further Case Management Conference set for 12/9/2011 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 11/1/2011. (beS, COURT STAFF) (Filed on 11/1/2011)
October 19, 2011 ADR Remark: ADR Phone Conference held by RWS on 10/19/11. A further ADR Phone Conference has been scheduled for 12/14/11 at 9:00 a.m. Pacific time. Please take note that the call-in information remains the same. (sgd, COURT STAFF) (Filed on 10/19/2011)
October 17, 2011 Opinion or Order Filing 72 ORDER Further Case Management Conference set for 12/16/2011 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 10/14/2011. (beS, COURT STAFF) (Filed on 10/17/2011)
October 12, 2011 Filing 71 CASE MANAGEMENT STATEMENT and joint motion to re-set the Oct. 21, 2011 status conference to a date in late Nov. or early Dec. filed by E. Lynn Schoenmann. (Attachments: #1 Proposed Order resetting the Oct. 21, 2011 status conference to a date in late Nov. or early Dec.)(Kieve, Loren) (Filed on 10/12/2011)
July 27, 2011 ADR Remark: ADR Phone Conference held 7/27/2011 with Robin W. Siefkin, ADR Program Staff Attorney. Further ADR Phone Conference scheduled for 10/19/2011 at 9:30 a.m. Please call 218-339-2500 and use access code 908827 to connect to the call. (cmf, COURT STAFF) (Filed on 7/27/2011)
July 22, 2011 Filing 70 Minute Entry: Further Case Management Conference held on 7/22/2011 before Charles R. Breyer (Date Filed: 7/22/2011), ***Motions terminated: #69 MOTION to Appear by Telephone Submitted by FDIC-Receiver. Further Case Management Conference set for 10/21/2011 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (Court Reporter - Not Reported.) (be, COURT STAFF) (Date Filed: 7/22/2011)
July 15, 2011 Filing 69 MOTION to Appear by Telephone at Pretrial Conference Submitted by FDIC-Receiver filed by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 7/15/2011)
July 14, 2011 Filing 68 CASE MANAGEMENT STATEMENT Supplement filed by Federal Deposit Insurance Corporation. (Warren, Daniel) (Filed on 7/14/2011)
June 20, 2011 Opinion or Order Filing 67 CONFIDENTIALITY STIPULATION and PROTECTIVE ORDER. Signed by Judge Charles R. Breyer on 6/16/2011. (beS, COURT STAFF) (Filed on 6/20/2011)
June 20, 2011 ADR Remark: ADR Phone Conference held by RWS on 6/20/11. A further ADR Phone Conference has been scheduled for 7/27/11 at 9:00 a.m. Pacific time. Please note that all parties shall call 218-339-2500 use access code 908827. (sgd, COURT STAFF) (Filed on 6/20/2011)
June 15, 2011 Filing 66 STIPULATION CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER, WITH PROPOSED ORDER by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 6/15/2011)
June 13, 2011 Filing 65 CLERKS NOTICE Further Case Management Conference set for 7/22/2011 08:30 AM in Courtroom 6, 17th Floor, San Francisco. (beS, COURT STAFF) (Filed on 6/13/2011)
May 27, 2011 Opinion or Order Filing 64 ORDER by Judge Charles R. Breyer denying #48 Motion for Certificate of Appealability; denying #49 Motion to Stay; denying #53 Motion to Stay Discovery; denying #54 Motion to Shorten Time. (crblc1, COURT STAFF) (Filed on 5/27/2011)
May 26, 2011 Opinion or Order Filing 63 ORDER by Judge Charles R. Breyer granting #61 Motion for Pro Hac Vice ( D.R. Warren) (beS, COURT STAFF) (Filed on 5/26/2011)
May 26, 2011 Opinion or Order Filing 62 ORDER by Judge Charles R. Breyer granting #60 Motion for Pro Hac Vice (J.A. Slater, Jr.) (beS, COURT STAFF) (Filed on 5/26/2011)
May 23, 2011 Filing 59 REPLY (re #53 MOTION Extend Time to Respond to Discovery ) filed byFederal Deposit Insurance Corporation. (Toral, Todd) (Filed on 5/23/2011)
May 20, 2011 Filing 61 MOTION for leave to appear in Pro Hac Vice by Daniel R. Warren ( Filing fee $ 275, receipt number 34611050096.) filed by Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order)(mjj2, COURT STAFF) (Filed on 5/20/2011)
May 20, 2011 Filing 60 MOTION for leave to appear in Pro Hac Vice by James A. Slater Jr. ( Filing fee $ 275, receipt number 34611060097.) filed by Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order)(mjj2, COURT STAFF) (Filed on 5/20/2011)
May 19, 2011 Filing 58 NOTICE of Appearance by Joanne Lichtman as co-counsel on behalf of Defendant Federal Deposit Insurance Corporation in its corporate capacity (Lichtman, Joanne) (Filed on 5/19/2011)
May 18, 2011 Filing 57 RESPONSE (re #54 MOTION to Shorten Time re Motion to Extend Time to Respond to Discovery, #53 MOTION Extend Time to Respond to Discovery ) Opposition to FDIC motions filed byE. Lynn Schoenmann. (Attachments: #1 Affidavit Declaration of Loren Kieve re stay motion, #2 Proposed Order denying FDIC motion to extend discovery responses)(Kieve, Loren) (Filed on 5/18/2011)
May 18, 2011 Filing 56 RESPONSE (re #49 MOTION to Stay Discovery and Disclosures Pending Interlocutory Appeal, #48 MOTION for Certificate of Appealability ) Opposition to FDIC motions filed byE. Lynn Schoenmann. (Attachments: #1 Proposed Order denying FDIC motions to certify under 28 USC 1292(b) and to stay discovery)(Kieve, Loren) (Filed on 5/18/2011)
May 13, 2011 Filing 55 Declaration of John J. Clarke, Jr. in Support of #54 MOTION to Shorten Time re Motion to Extend Time to Respond to Discovery filed byFederal Deposit Insurance Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #54 ) (Toral, Todd) (Filed on 5/13/2011)
May 13, 2011 Filing 54 MOTION to Shorten Time re Motion to Extend Time to Respond to Discovery filed by Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order)(Toral, Todd) (Filed on 5/13/2011)
May 13, 2011 Filing 53 MOTION Extend Time to Respond to Discovery filed by Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order)(Toral, Todd) (Filed on 5/13/2011)
May 12, 2011 Set/Reset Deadlines as to #49 MOTION to Stay Discovery and Disclosures Pending Interlocutory Appeal. Motion Hearing set for 6/24/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. (mjj2S, COURT STAFF) (Filed on 5/12/2011)
May 12, 2011 Filing 52 Renotice motion hearing re #48 MOTION for Certificate of Appealability filed byFederal Deposit Insurance Corporation. Motion Hearing set for 6/24/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. (Related document(s) #48 ) (Toral, Todd) (Filed on 5/12/2011)
May 12, 2011 Filing 51 Renotice motion hearing re #49 MOTION to Stay Discovery and Disclosures Pending Interlocutory Appeal filed byFederal Deposit Insurance Corporation. Motion Hearing set for 6/24/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. (Related document(s) #49 ) (Toral, Todd) (Filed on 5/12/2011)
May 9, 2011 ADR Remark: ADR Phone Conference held by RWS on 5/9/11. A further ADR Phone Conference has been scheduled for 6/20/11 at 9:00 a.m. Pacific time. Please note that all parties shall call 218-339-2500 use access code 908827. (sgd, COURT STAFF) (Filed on 5/9/2011)
May 6, 2011 Filing 50 Declaration of Thomas L. Holzman in Support of #49 MOTION to Stay Discovery and Disclosures Pending Interlocutory Appeal filed byFederal Deposit Insurance Corporation. (Related document(s) #49 ) (Toral, Todd) (Filed on 5/6/2011)
May 6, 2011 Filing 49 MOTION to Stay Discovery and Disclosures Pending Interlocutory Appeal filed by Federal Deposit Insurance Corporation. Motion Hearing set for 6/3/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. (Attachments: #1 Proposed Order)(Toral, Todd) (Filed on 5/6/2011)
May 6, 2011 Filing 48 MOTION for Certificate of Appealability filed by Federal Deposit Insurance Corporation. Motion Hearing set for 6/3/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. (Attachments: #1 Proposed Order)(Toral, Todd) (Filed on 5/6/2011)
May 5, 2011 Filing 47 ANSWER to Complaint filed by FDIC in its Corporate Capacity byFederal Deposit Insurance Corporation. (Holzman, Thomas) (Filed on 5/5/2011)
May 4, 2011 ADR Remark: The further ADR Phone Conference scheduled for 5/5/11 has been rescheduled to 5/9/11 at 9:00 a.m. Pacific time. Please note that all parties shall call 218-339-2500 use access code 908827. (sgd, COURT STAFF) (Filed on 5/4/2011)
May 2, 2011 ADR Remark: The further ADR Phone Conference scheduled for 5/3/11 has been rescheduled to 5/5/11 at 9:00 a.m. Pacific time. Please note that all parties shall call 218-339-2500 use access code 908827. (sgd, COURT STAFF) (Filed on 5/2/2011)
April 21, 2011 Opinion or Order Filing 46 ORDER by Judge Charles R. Breyer granting in part and denying in part #23 Motion to Dismiss; granting in part and denying in part #24 Motion to Dismiss.(crblc1, COURT STAFF) (Filed on 4/21/2011)
April 5, 2011 Filing 45 Transcript of Proceedings held on 3/8/11 before Judge Charles R. Breyer. Court Reporter/Transcriber Sahar Bartlett, CSR, RPR, Telephone number (415) 626-6060/sahar_bartlett@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 7/5/2011. (Bartlett, Sahar) (Filed on 4/5/2011) Modified on 4/6/2011 (mcl, COURT STAFF).
March 30, 2011 Filing 44 ADR Clerks Notice The further ADR Phone Conference has been rescheduled to 5/2/11 at 10:30 a.m. (PST) Please note that the call-in information remains the same. (sgd, COURT STAFF) (Filed on 3/30/2011)
March 30, 2011 Filing 43 ADR Clerks Notice Re-Setting the further ADR Phone Conference for 4/28/11 at 11:00 a.m. (PST) Please make note that at the appointed time, all parties shall call 218-339-2500 and use access code 908827 to join the call. (sgd, COURT STAFF) (Filed on 3/30/2011)
March 30, 2011 ADR Remark: ADR Phone Conference held by RWS on 3/30/11. (sgd, COURT STAFF) (Filed on 3/30/2011)
March 30, 2011 ADR Remark: Please Make Note that the further ADR Phone Conference is now set for Tuesday, May 3, 2011 at 10:30 am (PST) and not 5/2/11. The call-in information remains the same. (sgd, COURT STAFF) (Filed on 3/30/2011)
March 11, 2011 Filing 42 AMENDED MINUTES to #40 Minute Entry: Motion Hearing held on 3/8/2011 before Charles R. Breyer (Date Filed: 3/8/2011) re 23 MOTION to Dismiss of FDIC in its corporate capacity filed by Federal Deposit Insurance Corporation, 24 MOTION to Dismiss Complaint for Failure to State a Claim filed by Federal Deposit Insurance Corporation, Initial Case Management Conference postponed (Date Filed: 3/8/2011). (Court Reporter Sahar McVickar.) (be, COURT STAFF) (Filed on 3/11/2011)
March 10, 2011 Filing 41 Transcript of Proceedings held on 3/8/11, before Judge Charles R. Breyer. Court Reporter/Transcriber Sahar Bartlett, CSR, RPR, Telephone number (415) 626-6060/sahar_bartlett@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 6/8/2011. (Bartlett, Sahar) (Filed on 3/10/2011)
March 8, 2011 Filing 40 *** ERRONEOUS ENTRY *** Minute Entry: Motion Hearing held on 3/8/2011 before Charles R. Breyer (Date Filed: 3/8/2011) re #23 MOTION to Dismiss of FDIC in its corporate capacity filed by Federal Deposit Insurance Corporation, #24 MOTION to Dismiss Complaint for Failure to State a Claim filed by Federal Deposit Insurance Corporation, Initial Case Management Conference postponed (Date Filed: 3/8/2011). (Court Reporter Sahar McVickar.) (beS, COURT STAFF) (Date Filed: 3/8/2011) Modified on 3/14/2011 (mcl, COURT STAFF).
February 25, 2011 Filing 39 REPLY (re #23 MOTION to Dismiss of FDIC in its corporate capacity ) filed byFederal Deposit Insurance Corporation. (Holzman, Thomas) (Filed on 2/25/2011)
February 25, 2011 Filing 38 REPLY (re #24 MOTION to Dismiss Complaint for Failure to State a Claim ) REPLY MEMORANDUM IN FURTHER SUPPORT OF THE FDIC-RECEIVER'S MOTION TO DISMISS filed byFederal Deposit Insurance Corporation. (Attachments: #1 Exhibit A)(Toral, Todd) (Filed on 2/25/2011)
February 10, 2011 Filing 37 Memorandum in Opposition re #23 MOTION to Dismiss of FDIC in its corporate capacity, #24 MOTION to Dismiss Complaint for Failure to State a Claim filed byE. Lynn Schoenmann. (Attachments: #1 Proposed Order)(Kieve, Loren) (Filed on 2/10/2011)
January 20, 2011 Filing 36 CLERKS NOTICE Initial Case Management Conference set for 3/8/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (be, COURT STAFF) (Filed on 1/20/2011)
January 19, 2011 Opinion or Order Filing 35 ORDER re #30 Stipulation, filed by E. Lynn Schoenmann, Set/Reset Deadlines as to #30 Stipulation, #23 MOTION to Dismiss of FDIC in its corporate capacity, #24 MOTION to Dismiss Complaint for Failure to State a Claim. Responses due by 2/11/2011. Replies due by 2/25/2011. Motion Hearing set for 3/8/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer.. Signed by Judge Charles R. Breyer on 1/18/2011. (be, COURT STAFF) (Filed on 1/19/2011)
January 18, 2011 ADR Remark: ADR Phone Conference held by RWS on 1/18/11. A further ADR Phone Conference has been scheduled for 3/30/11 at 9:00 a.m. Pacific time. Please take note that at the appointed time, all parties shall call 218-339-2500 and use access code 908827 to join call. (sgd, COURT STAFF) (Filed on 1/18/2011)
January 14, 2011 Filing 34 MOTION to Appear by Telephone for FDIC-Corporate filed by Federal Deposit Insurance Corporation. Motion Hearing set for 1/21/2011 08:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. (Holzman, Thomas) (Filed on 1/14/2011)
January 14, 2011 Filing 33 MOTION to Appear by Telephone Request of FDIC-Receiver to Appear by Telephone at Initial Pretrial Conference filed by Federal Deposit Insurance Corporation. Motion Hearing set for 1/21/2011 08:30 AM in Courtroom 8, 19th Floor, San Francisco before Hon. Charles R. Breyer. (Toral, Todd) (Filed on 1/14/2011)
January 14, 2011 Filing 32 JOINT CASE MANAGEMENT STATEMENT filed by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 1/14/2011)
January 13, 2011 Filing 31 NOTICE of Appearance by Sarah Marie Wells (Wells, Sarah) (Filed on 1/13/2011)
January 11, 2011 Filing 30 STIPULATION re #23 MOTION to Dismiss of FDIC in its corporate capacity, #24 MOTION to Dismiss Complaint for Failure to State a Claim -- Stipulation and [proposed] order re briefing and hearing on the motions to dismiss by E. Lynn Schoenmann. (Kieve, Loren) (Filed on 1/11/2011)
January 6, 2011 Filing 29 ADR Clerks Notice Setting ADR Phone Conference on 1/18/11 at 9:00 a.m. Pacific time. Please take note that at the appointed time, all parties shall call 218-339-2500 and use access code 908827. (sgd, COURT STAFF) (Filed on 1/6/2011)
December 27, 2010 Filing 28 Certificate of Interested Entities by E. Lynn Schoenmann (Kieve, Loren) (Filed on 12/27/2010)
December 23, 2010 Filing 27 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kieve, Loren) (Filed on 12/23/2010)
December 22, 2010 Filing 26 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Kieve, Loren) (Filed on 12/22/2010)
December 7, 2010 Filing 25 ANSWER to Complaint by FDIC-Receiver byFederal Deposit Insurance Corporation. (Toral, Todd) (Filed on 12/7/2010)
December 7, 2010 Filing 24 MOTION to Dismiss Complaint for Failure to State a Claim filed by Federal Deposit Insurance Corporation, as Receiver for United Commercial Bank. Motion Hearing set for 1/28/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: #1 Exhibit A, #2 Proposed Order)(Toral, Todd) (Filed on 12/7/2010) Modified on 12/8/2010 (mcl, COURT STAFF).
December 7, 2010 Filing 23 MOTION to Dismiss of FDIC in its corporate capacity filed by Federal Deposit Insurance Corporation. Motion Hearing set for 1/28/2011 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: #1 Proposed Order)(Holzman, Thomas) (Filed on 12/7/2010)
November 30, 2010 Opinion or Order Filing 22 ORDER by Judge Charles R. Breyer granting #18 Motion to increase page limits - 25 pages each (be, COURT STAFF) (Filed on 11/30/2010)
November 24, 2010 Filing 21 Memorandum in Opposition re #18 Joint MOTION Administrative and an Order Under LR 7-11 to Increase the Page Limit for Their Motions to Dismiss by Defendants FDIC-Receiver and FDIC-Corporate Plaintiff's response to defendants' motion to increase page limits filed byE. Lynn Schoenmann. (Attachments: #1 Affidavit Declaration of Loren Kieve, #2 Proposed Order, #3 Certificate of Service)(Kieve, Loren) (Filed on 11/24/2010)
November 24, 2010 Filing 20 PROOF OF SERVICE re #19 Notice (Other), Notice (Other), #18 Joint MOTION Administrative and an Order Under LR 7-11 to Increase the Page Limit for Their Motions to Dismiss by Defendants FDIC-Receiver and FDIC-Corporate re Service of Documents by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 11/24/2010) Modified on 11/29/2010 (mcl, COURT STAFF).
November 24, 2010 Filing 19 NOTICE of Motion and Motion for Administrative Relief by Federal Deposit Insurance Corporation. Joint MOTION for Administrative Reliefand an Order Under LR 7-11 to Increase the Page Limit for Their Motions to Dismiss by Defendants FDIC-Receiver and FDIC-Corporate (Toral, Todd) (Filed on 11/24/2010) Modified on 11/29/2010 (mcl, COURT STAFF).
November 24, 2010 Filing 18 Memorandum of Points and Authorities in support of Joint MOTION Administrative and an Order Under LR 7-11 to Increase the Page Limit for Their Motions to Dismiss by Defendants FDIC-Receiver and FDIC-Corporate filed by Federal Deposit Insurance Corporation. (Attachments: #1 Affidavit Todd C. Toral, #2 Proposed Order)(Toral, Todd) (Filed on 11/24/2010) Modified on 11/29/2010 (mcl, COURT STAFF).
November 17, 2010 Opinion or Order Filing 17 ORDER by Judge Charles R. Breyer granting #16 Motion for Pro Hac Vice (J. J. Clarke, Jr) (be, COURT STAFF) (Filed on 11/17/2010)
November 12, 2010 Filing 16 MOTION for leave to appear in Pro Hac Vice (John J. Clarke, Jr.) ( Filing fee $ 275, receipt number 34611052840.) filed by Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order)(mcl, COURT STAFF) (Filed on 11/12/2010)
November 5, 2010 ***Deadlines terminated. Set/Reset Deadlines:, Set/Reset Hearings as to #15 Order: Case Management Statement due by 1/14/2011. Initial Case Management Conference set for 1/21/2011 08:30 AM. (mcl, COURT STAFF)
November 5, 2010 Opinion or Order Filing 15 ORDER to extend dates & setting CMC re #14 Stipulation, filed by Federal Deposit Insurance Corporation Case Management Statement due by 1/14/2011. Initial Case Management Conference set for 1/21/2011 08:30 AM in Courtroom 8, 19th Floor, San Francisco. Signed by Judge Charles R. Breyer on 11/4/2010. (be, COURT STAFF) (Filed on 11/5/2010) Modified on 11/8/2010 (mcl, COURT STAFF).
November 2, 2010 Filing 14 STIPULATION re #12 Clerks Notice Stipulation to Reset Dates Set Forth in Court's Order Setting Case Management Conference by Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order Approving Stipulation to Extend Dates)(Toral, Todd) (Filed on 11/2/2010) Modified on 11/4/2010 (mjj2, COURT STAFF).
October 22, 2010 Filing 13 STIPULATION to Extend Time to File Response to Complaint by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 10/22/2010)
October 21, 2010 Filing 12 CLERKS NOTICE Initial Case Management Conference set for 12/17/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: #1 Standing Order) (be, COURT STAFF) (Filed on 10/21/2010)
October 18, 2010 Opinion or Order Filing 11 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Charles R. Breyer for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on October 18, 2010. (cjl, COURT STAFF) (Filed on 10/18/2010)
October 15, 2010 Filing 10 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 10/15/2010)
October 14, 2010 Filing 9 Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by Federal Deposit Insurance Corporation. (Toral, Todd) (Filed on 10/14/2010) Modified on 10/15/2010 (cjl, COURT STAFF).
October 13, 2010 Filing 8 NOTICE of Appearance by Thomas L. Holzman on behalf of FDIC in its Corporate Capacity (Holzman, Thomas) (Filed on 10/13/2010)
September 7, 2010 Filing 7 ADR SCHEDULING ORDER: Case Management Statement due by 12/8/2010. Case Management Conference set for 12/15/2010 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (Attachments: #1 Standing Order)(cjl, COURT STAFF) (Filed on 9/7/2010)
September 7, 2010 Filing 6 Summons Issued as to U.S. Attorney General. (cjl, COURT STAFF) (Filed on 9/7/2010) (cjl, COURT STAFF).
September 7, 2010 Filing 5 Summons Issued as to U.S. Attorney for the Northern District of California. (cjl, COURT STAFF) (Filed on 9/7/2010) (cjl, COURT STAFF).
September 7, 2010 Filing 4 Summons Issued as to Federal Deposit Insurance Corporation (Regional Director). (cjl, COURT STAFF) (Filed on 9/7/2010) (cjl, COURT STAFF).
September 7, 2010 Filing 3 Summons Issued as to Federal Deposit Insurance Corporation (Executive Secretary). (cjl, COURT STAFF) (Filed on 9/7/2010) (cjl, COURT STAFF).
September 7, 2010 Filing 2 NOTICE Of Pendency of Related Case and/or Other Proceeding by E. Lynn Schoenmann. (cjl, COURT STAFF) (Filed on 9/7/2010) (cjl, COURT STAFF).
September 7, 2010 Filing 1 COMPLAINT (with jury demand) against Federal Deposit Insurance Corporation (Filing fee $ 350, receipt number 34611050245). Filed by E. Lynn Schoenmann. (cjl, COURT STAFF) (Filed on 9/7/2010) (Additional attachment(s) added on 9/13/2010: #1 Civil Cover Sheet) (cjl, COURT STAFF).
September 7, 2010 CASE DESIGNATED for Electronic Filing. (cjl, COURT STAFF) (Filed on 9/7/2010)

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Search for this case: Schoenmann v. Federal Deposit Insurance Corporation
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Plaintiff: E. Lynn Schoenmann
Represented By: Loren Kieve
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Defendant: Federal Deposit Insurance Corporation
Represented By: Daniel Rubin Warren
Represented By: John J. Clarke, Jr.
Represented By: Sandra L Sheldon
Represented By: Sarah Marie Wells
Represented By: James Alexander Slater, Jr.
Represented By: Joanne Lichtman
Represented By: Spencer Stiefel,
Represented By: Thomas L. Holzman
Represented By: Todd C. Toral
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Defendant: Federal Deposit Insurance Corporation as Receiver for United Commercial Bank
Represented By: Todd C. Toral
Represented By: John J. Clarke, Jr.
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