P:00539562:90562.002 C 09-01399 MEJ 

FOURTH STIPULATION AND ORDER TO EXTEND TIME & CONTINUING CMC DATE 

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DAVID J. BERGER [SBN 147645] 

Dberger@wsgr.com 

WILSON SONSINI GOODRICH & ROSATI 

Professional Corporation 

650 Page Mill Road 

Palo Alto, CA 94304 

Telephone: (650) 493-9300 

Facsimile: (650) 493-6811 

JENNY L. DIXON [SBN 192638] 

jdixon@swsslaw.com 

SOLOMON WARD SEIDENWURM & SMITH, LLP

401 B Street, Suite 1200 

San Diego, California 92101 

Telephone: (619) 231-0303 

Facsimile: (619) 231-4755 

Attorneys for Defendant Irwin Mortgage 

Corporation 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 

FREEDOM MORTGAGE CORPORATION, 

Plaintiff, 

v. 

IRWIN FINANCIAL CORPORATION AND 

IRWIN MORTGAGE CORPORATION, 

Defendants. 

 CASE NO. C 09-01399 MEJ 

FOURTH STIPULATION AND ORDER TO 

EXTEND TIME IN WHICH DEFENDANT 

MUST FILE A RESPONSIVE PLEADING & 

CONTINUING CMC DATE AND RELATED 

DATES 

Case 3:09-cv-01399-MEJ Document 40 Filed 04/19/10 Page 1 of 7
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FOURTH STIPULATION AND ORDER TO EXTEND TIME & CONTINUING CMC DATE 

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WHEREAS, on June 17, 2009, pursuant to the parties’ stipulation, the Court entered 

an order continuing various 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, 2009; 

WHEREAS, on September 17, 2009, pursuant to the parties’ stipulation filed on 

September 11, 2009, the Court entered an order continuing various deadlines and the Case 

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

settlement discussions; 

WHEREAS, Irwin Financial Corporation (“Debtor”), defendant in the abovecaptioned matter, filed a petition for relief under Chapter 7 of the United States Bankruptcy 

Code on September 18, 2009, resulting in an automatic stay in Debtor’s favor pursuant to 11 

U.S.C. § 362(a) and now has Chapter 7 Counsel, David M. Powlen, Barnes & Thornburg, 

LLP, 11 S Meridian St., Indianapolis, IN 46204-3506, (317) 236-1313; 

WHEREAS, on November 24, 2009, the National Arbitration Forum stayed arbitration 

proceedings that involve Freedom Mortgage Corporation (“Freedom”) and two other 

subsidiaries of Debtor and issues related to this matter pending disposition in the Bankruptcy 

Court, and the arbitration is not expected to resume prior to the dates set forth below; 

WHEREAS, on January 19, 2010, the Court entered an order continuing various 

deadlines and the Case Management Conference in light of Debtor’s bankruptcy and the 

need for defendant, Irwin Mortgage Corporation (“Irwin Mortgage”), a former indirect 

subsidiary of Debtor, to work through corporate and operational issues; 

WHEREAS, Irwin Mortgage is currently scheduled to file its responsive pleading on or 

before April 16, 2010; 

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 Statement are currently due May 6, 2010; 

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FOURTH STIPULATION AND ORDER TO EXTEND TIME & CONTINUING CMC DATE 

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WHEREAS, the Initial Case Management Conference is currently scheduled for 

May 13, 2010 at 10:00 a.m.; 

WHEREAS, Freedom and Irwin Mortgage are in the process of evaluating the impact 

Debtor’s bankruptcy has on this proceeding and other legal proceedings; 

WHEREAS, Freedom and Irwin Mortgage believe that good cause exists for a further 

continuance of the foregoing deadlines and Initial Case Management Conference; and 

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

hereby agree and stipulate to the following: 

1. Defendant Irwin Mortgage will file a responsive pleading on or before 

June 25, 2010. 

2. The Rule 26(f) Report, initial disclosures, Case Management Statement and 

ADR Material will be served and/or filed on or before July 9, 2010. 

3. The Initial Case Management Conference currently scheduled for 

May 13, 2010 is hereby continued until July 16, 2010, or to such later date as may be 

ordered by the Court. 

DATED: April 16, 2010 BUTY & CURLIANO 

 By: /s/ Jason C. Curliano 

 JASON C. CURLIANO 

 ZUKERMAN GORE BRANDEIS & CROSSMAN, LLP 

 

JOHN K. CROSSMAN1

 Attorneys for Plaintiff Freedom Mortgage 

Corporation 

 

1

 Application for admission pro hac vice pending. 

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DATED: April 16, 2010 SOLOMON WARD SEIDENWURM & SMITH, LLP 

 By: /s/ Jenny L. Dixon 

 JENNY L. DIXON 

 WILSON SONSINI GOODRICH & ROSATI 

Professional Corporation 

 DAVID J. BERGER 

Attorneys for Defendant Irwin Mortgage 

Corporation 

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ORDER

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

therefor, IT IS HEREBY ORDERED THAT: 

1. Defendant Irwin Mortgage Corporation will file a responsive pleading on or 

before June 25, 2010. 

2. The Rule 26(f) Report, initial disclosures, Case Management Statement and ADR 

Material will be served and/or filed on or before July 9, 2010. 

3. The Initial Case Management Conference currently scheduled for May 13, 2010 is 

hereby continued until July 16, 2010, or to such later date as may be ordered by the Court. 

DATED: ______________, 2010 ______________________________________ 

Hon. Maria Elena James 

United States Magistrate Judge 

April 19 15

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ATTESTATION PURSUANT TO GENERAL ORDER 45 

I, 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 16th day of April, 2010 at San Diego, California. 

 By: /s/ Jenny L. Dixon 

 JENNY L. DIXON 

 Attorneys for Defendant Irwin Mortgage 

Corporation 

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CERTIFICATE OF SERVICE

I caused the FOURTH STIPULATION AND ORDER TO EXTEND TIME IN WHICH 

DEFENDANTS MUST FILE A RESPONSIVE PLEADING & 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 Gore & Brandeis LLP 

875 Third Avenue 

28th Floor 

New York, NY 10022 

212-223-6700 

Fax: 212-223-6433 

Email: fwelzer@zgbllp.com

John K. Crossman 

Zukerman Gore & Brandeis LLP 

875 Third Avenue 

28th Floor 

New York, NY 10022 

212-223-6700 

Fax: 212-223-6433 

Email: jcrossman@zgbllp.com 

David J. Berger 

Wilson Sonsini Goodrich & Rosati 

650 Page Mill Road 

Palo Alto, CA 94304-1050 

650-493-9300 

Fax: 650-493-6811 

Email: dberger@wsgr.com

 

 By: /s/ Jenny L. Dixon

 JENNY L. DIXON 

 Attorneys for Defendant Irwin Mortgage 

Corporation 

Case 3:09-cv-01399-MEJ Document 40 Filed 04/19/10 Page 7 of 7