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DAVID J. BERCER ISBN 14764s]

Dberger@wsgr.com

WILSON SONSINI COODRICH & ROSATI

Professional Corporat¡on

650 Page Mill Road

Palo Alto, CA 94304

Telephone: (650) 493-9300

Facsimile: (650) 493-681 1

JENNY L. DIXON [SBN 1926381

id ixon@swsslaw.com

SorouoN wARD SETDENWURM & sMlrH, tLP

401 B Street, Suite 120O

San Diego, California 92101

Telephone: (61 9) 231-0303

Facsimile: (6191 231 4755

Attorneys for Defendant lrwin Mortgage

Corporation

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANC|sco DlvlsloN

FREEDOM MORTCACE CORPORATION,

Plaintiff,

IRWIN FINANCIAL CORPORATION AND

I RWI N MORTCACE CORPORATION,

Defendants.

CASE NO. C o9-013e9 MEJ

THIRD STIPULATION AND ORDER TO

EXTEND TIME IN WHICH DEFENDANT

MUST FILE A RESPONSIVE PLEADING &

CONT]NUING CMC DATE AND RELATED

DATES

Poo52t2s3.2:g0562.oo2 C 09-01399 MEJ

C CMC DATE

Case 3:09-cv-01399-MEJ Document 35 Filed 01/19/10 Page 1 of 6
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2A

WHEREAS, on J une 17 , 2OOg, pursuant to the parties' stipulation, the Court entered

an order continu¡ng var¡ous deadlines and the Case Management Conference in order for

the parties to pursue settlement discussions;

WHEREAS, on July 9, 2009, the parties mediated their disputes before JAMS and

were scheduled to resume mediation on September 30,2OO9;

WHEREAS, on September 17,2oO9, pursuant to the parties' stipulation filed on

September 11 , 

2OOg , the Court entered an order contin uing various dead lines and the Case

Management Conference in order for the parties to attend the mediation and pursue

settlement discussions;

WHEREAS, lrwin Financial Corporat¡on ("Debtor"), defendant in the abovecapt¡oned matter, filed a petition for relief under Chapter 7 of the United States Bankruptcy

Code on September 18,2OO9, resulting in an automat¡c stay in Debtor's favor pursuantto 11

u.s.c. s 362(a) and now has chapter 7 counsel, David M. Powlen, Barnes & Thornburg,

LLP,11 S Meridian St., lndianapolis, lN 46204-3506, (317) 236-131j;

wHEREAS, defendant lrwin Mortgage Corporation, which states that it is a former

indirect subsidiary of lrwin Financial corporation, is currently scheduled to file its

responsive pleading on or before January 15,2o1O;

WHEREAS, the ADR Certification and Stipulation to ADR Process or Notice of Need

for ADR Phone conference ("ADR Material"), the Rule 26(f) Report, initial disclosures, and

Case Management Stâtement are currently due February 5,2O1O;

wHEREAS, the lnitial Case Management conference is currently scheduled for

February 11,2OO9 at 10:00 a.m.; and

wHEREAS, lrwin Mortgage corporation states that it continues to work through

corporate and operational issues resulting from Debtor's bankruptcy and has requested, and

Freedom Mortgage has agreed to, a further continuance of the foregoing deadlines and lnitial

Case Management Conference; and

WHEREAS, on November 24,2OO9, the National Arbitration Forum stayed arbitration

proceedings that involve Freedom Mortgage Corporation and two other subsidiaries of lrwin

Case 3:09-cv-01399-MEJ Document 35 Filed 01/19/10 Page 2 of 6
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Financial Corporation and issues related to this matter pending dispos¡tion in the Bankruptcy

Court, and the arbitratiôn is not expected to resume prior to the dates set forth below.

Now. THEREFORE, the parties, by and through their undersigned counsel of record,

hereby agree and stipulate to the following:

1. Defendant lrw¡n Mortgage corporation will file a responsive pleading on or

before April 16,2o1o.

2. The Rule 26(f) Report, initial disclosures, case Management statement and

ADR Material will be served and/or filed on or before May 7,2010'

3. The lnitial Case Management Conference currently scheduled for February 11,

2010 is hereby continued until May 14,2O1O, or to such later date as may be ordered by the

Court.

DATED: January 15, 2010 BUTY & CURLIANO

By: lcl lrc¡'¡n I ltrliano

DATED: January 15, 2O10

JASON C, CURLIANO

ZUKERMAN CORE BRANDEIS & CROSSMAN, LLP

JOHN K. CROSSMANl

Attorneys for Plaintiff Freedom Mortgage

Corporation

SOLOMON WARD SEIDENWURM & SMITH, LLP

B).,, lsl lennv L. Dixon

JENNY L. DIXON

WILSON SONSINI COODRICH & ROSATI

Professional CorPoration

DAVID J. BERCER

Attorneys for Defendant lrwin Mortgage

Corporation

2A

' Application for admission pro hac vice pending

Case 3:09-cv-01399-MEJ Document 35 Filed 01/19/10 Page 3 of 6
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ORDER

Based upon the above stipulation of the parties, and for good cause appearing

therefor, lT lS HEREBY ORDERED THAT:

1 . Defendants will file a responsive pleading on or before Apr¡l 16, 2010

2. The Rule 26(f) Report, initial disclosures, case Management statement and ADR

Material will be served and/or filed on or before May 7,2010.

3. The lnit¡al Case Management Conference currently scheduled for February 11,

2O1O is hereby continued until May 14,2o1o, or to such later date as may be ordered by the

Court.

DATED: _,2O1O Hon. Maria Elena James

United States Magistrate Judge

p:oo5212e3.2:9o562.ee2 -3- C 09-01399 MEI

TEND TIME & CONTINUINC CMC DATE

January 19

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ATTESTATION PURSUANT TO GENERAL ORDER 45

l, Jenny L. Dixon, attest that concurrence in the filing of this document has been

obtained from Jason c. curliano. I declare under penalty of perjury under the laws of the

United States of America that the foregoing is true and correct

Executed this 15th day ofJanuary,2010 at San Diego, California'

By: lsl lenny L. Dixon

JENNY L. DIXON

Attorneys for Defendant lrwin Mortgage

Corporation

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CERTIFICATE OF SERV¡CE

I cauScd thc THIRD STIPULATION AND ORDER TO EXTEND TIME IN WHICH

DEFENDANTS MUST FILE A RESPONSIVE PTEADING & CONTINUING CMC DATE AND

RELATED DATES to be served in the following manner:

Electronic Mail Notice List

The following are those who are currently on the list to receive e-mail notices for this

case.

Frank C. Welzer

Zukerman Core & Brandeis LLP

875 Third Avenue

28th Floor

New York, NY 10022

212-223-6700

Fax: 212-223-6433

Emai I : fwelzer@zgbl lp.com

fohn K. Crossman

Zukerman Core & Brandeis LLP

875 Third Avenue

28th Floor

New York, NY 10022

212-223-6700

Fax: 212-223-6433

Email: jcrossman@zgb llp. com

David l. Berger

Wilson Sonsini Coodrich & Rosati

650 Page Mill Road

Palo Alto, CA 94304-1050

650493-9300

Fax: 650-493-6811

Emai I : dberger@wsgr.com

By: /s/ Jenny L. Dixon

JÉNN-YT.T'INONAttorneys for Defendant lrwin Mortgage

Corporation

Case 3:09-cv-01399-MEJ Document 35 Filed 01/19/10 Page 6 of 6