Free Case Management Statement - District Court of California - California

Case 3:07-cv-05931-JSW

Document 31

Filed 03/21/2008

Page 1 of 6

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

Jack R. Nelson (SBN 111863) Email: [email protected] Keith D. Yandell (SBN 233146) Email: [email protected] REED SMITH LLP 1999 Harrison Street, Suite 2400 Oakland, CA 94612 Telephone: +1 510 763 2000 Attorneys for Defendants World Savings Bank, FSB and Ken Thompson UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) Libellant, ) ) v. ) ) WORLD SAVINGS, KEN THOMPSON, ) President, U.S. Vessel DOES, ROES, and MOES ) 1-100 et al, US Vessel sand, ) ) Libellees, ) ) ) Luz-Maria: Urzua Lien Holder of the Vessel, the Real Party In Interest, Lawful Woman Injured Third Party Intervener/Petitioner/, Libellant, v. WORLD SAVINGS, KEN THOMPSON, PRESIDENT, U.S. Vessel DOES, ROES and MOES 1-100 et al US VESSELS INDIVIDUALLY AND SEVERALLY, Third Party Defendants/Libellees ) ) ) ) ) ) ) ) ) ) ) LUZ-MARIA URZUA Sramineus Homo, US Vessel, No.: CV 07-5931 JSW DEFENDANTS WORLD SAVINGS BANK, FSB'S AND KEN THOMPSON'S CASE MANAGEMENT CONFERENCE STATEMENT Date: Time: Place: Compl. Filed: April 4, 2008 9:00 a.m. Courtroom 2 November 26, 2007

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

Honorable Jeffrey S. White

DOCSOAK-9903143.1

Defendants World Savings Bank, FSB's and Ken Thompson's Case Management Conference Statement

Case 3:07-cv-05931-JSW

Document 31

Filed 03/21/2008

Page 2 of 6

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, Local Rule 16-9 and the Standing Order for all Judges of the Northern District of California, Defendants World Savings Bank, F.S.B. and Ken Thompson (collectively "World" or "Defendants") hereby submit this Case Management Statement. As the Court is aware, Defendants have moved to dismiss Plaintiff's Complaint, and that motion is scheduled to be heard on April 4, 2008, the same day as the Case Management Conference. Because World has not yet answered the Complaint, and because the Complaint is nearly impossible to comprehend, World has not yet been able to fully assess all of the issues discussed below. World has provided as much information as it is able to provide at this time. I. JURISDICTION AND SERVICE World has filed a motion to dismiss Plaintiffs' Complaint. One of the grounds asserted for dismissal in that motion is that Plaintiff's invocation of admiralty jurisdiction is invalid. World further contends that there is no jurisdiction in this court because, as far as can be ascertained, although World is a federal savings bank and governed by federal law and regulations, no specific or readily identifiable claim based on federal (or any) law has been raised. II. FACTS A. Plaintiff's Claims: Because the Complaint is so obtusely worded, World is

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

unclear what claims are exactly being made. From what World has been able to discern, Plaintiffs allege that, after having submitted various documents and notices to World and receiving no response, World has now somehow agreed to discharge Plaintiffs' mortgage debt and has also waived its right to contest this lawsuit. Plaintiffs now appear to seek a declaratory judgment based upon an unknown "administrative remedy," one which Plaintiffs alone understand. B. Defendants' Defenses: Because of the pending Motion to Dismiss, World has

not yet answered. Accordingly, World has not yet been required to assert any defenses other than Plaintiffs' failure to state a viable claim. World reserves the right to assert affirmative defenses in the event that one or both Defendants are required to answer the Complaint.

­1­

DOCSOAK-9903143.1

Defendants World Savings Bank, FSB's and Ken Thompson's Case Management Conference Statement

Case 3:07-cv-05931-JSW

Document 31

Filed 03/21/2008

Page 3 of 6

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

III.

LEGAL ISSUES At this point, due to the confusing allegations of the Complaint, World is unable to determine

what legal issues, if any, are presented. IV. MOTIONS Beyond its present Motion to Dismiss, if World is required to answer and defend against the Complaint, World believes it can demonstrate in a summary judgment motion that it has fully complied with all governing laws requiring any disclosure to Plaintiffs. On that basis, World believes it can obtain summary judgment in its favor. V. AMENDMENT OF PLEADINGS If its motion for dismissal is not granted, World intends to move for a more definite statement so that it may know what actions are being alleged and so that it may properly prepare its defenses. VI. EVIDENCE PRESERVATION Although it is not sure what exactly is being alleged, World has taken steps to preserve all documents it has regarding the mortgage loan taken out by Luz-Maria Urzua. IV. DISCLOSURES A. By Plaintiff:

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

As of the date of this Statement, World has not received the Fed. R. Civ. P. 26 disclosures from Plaintiffs. B. By Defendants:

World serves its Fed. R. Civ. P. 26 disclosures concurrently with this Statement. Should this matter continue, Defendants intend to take Ms. Urzua's deposition, and serve document requests, interrogatories and request for admissions. At this time, World does not anticipate a significant number of depositions or requests. V. DISCOVERY As of the date of this Statement, no discovery has been taken. VI. CLASS ACTIONS World is unaware of any plans to request certification of a class. ­2­
DOCSOAK-9903143.1

Defendants World Savings Bank, FSB's and Ken Thompson's Case Management Conference Statement

Case 3:07-cv-05931-JSW

Document 31

Filed 03/21/2008

Page 4 of 6

1 2 3 4 5 6 7 8

VII.

RELATED CASES On January 15, 2008, Judge Joseph C. Spero determined these cases, all pending the United

States District Court for the Northern District of California, to be related ­ Ms. Urzua is a plaintiff in some of these cases: · · · · · VIII. C 07-05903 C 07-05906 C-07-05931 C-07-05932 C-07-06349 Urzua v. Countrywide Bank, et al. Urzua v. America's Servicing Company, et al. Urzua v. World Saving, et al. Urzua, et al. v. IndyMac Bank, et al. Urzua, et al. v. Countrywide Home Loans, et al.

RELIEF Not applicable.

9 10
A limited liability partnership formed in the State of Delaware

IX. 11 12

SETTLEMENT AND ADR World does not see the value of settlement discussions so long as Plaintiffs continue

REED SMITH LLP

operating under the mistaken assumption that their "administrative remedy" claim somehow erases 13 their mortgage debt. Indeed, not only do Plaintiffs owe to World a significant amount of money, 14 they have cost World incalculable damages, including financial cost and losses in employee time. 15 XIII. 16 World is willing to consents to a Magistrate Judge to conduct all further proceedings, 17 including trial and entry of judgment. 18 XIV. 19 World does not believe this case is suitable for binding arbitration, a special master or the 20 Judicial Panel on Multidistrict Litigation. 21 XV. 22 At this moment, World is unaware of any issues which can be narrowed. Given the nature of 23 Plaintiffs' complaint, it is unlikely that World will be able to stipulate or agree to any matter alleged. 24 XVI. EXPEDITED SCHEDULE 25 World does not believe this matter requires any special or expedited scheduling. 26 XVII. SCHEDULING 27 World believes its motion to dismiss, scheduled to be heard on April 4, 2008, is a well taken 28 ­3­
DOCSOAK-9903143.1

CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES

OTHER REFERENCES

NARROWING OF ISSUES

Defendants World Savings Bank, FSB's and Ken Thompson's Case Management Conference Statement

Case 3:07-cv-05931-JSW

Document 31

Filed 03/21/2008

Page 5 of 6

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

motion and should be granted. World therefore believes that no further scheduling will be necessary. XVIII. TRIAL World does not believe this matter, as framed in the complaint, warrants a trial. XIX. DISCLOSURE OF NON-PARTY INTERESTED ENTITIES OR PERSONS None

DATED: March 21, 2008. REED SMITH LLP

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

By

REED SMITH LLP

/s/ Keith D. Yandell Keith D. Yandell Attorneys for Defendants World Savings Bank, FSB and Ken Thompson

­4­

DOCSOAK-9903143.1

Defendants World Savings Bank, FSB's and Ken Thompson's Case Management Conference Statement

Case 3:07-cv-05931-JSW

Document 31

Filed 03/21/2008

Page 6 of 6

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

PROOF OF SERVICE
I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. I am employed in the office of a member of the bar of this court at whose direction the service was made. My business address is REED SMITH LLP, 1999 Harrison Street, Suite 2400, Oakland, CA 94612-3572. On March 21, 2008, I served the following document(s) by the method indicated below: DEFENDANTS WORLD SAVINGS BANK, FSB'S AND KEN THOMPSON'S CASE MANAGEMENT CONFERENCE STATEMENT by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Oakland, California addressed as set forth below. I am readily familiar with the firm's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in this Declaration. Luz-Maria Urzua 2041 Legends Court Merced, CA 95340 I declare under penalty of perjury under the laws of the United States that the above is true and correct. Executed on March 21, 2008, at Oakland, California.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

REED SMITH LLP

/s/ David P. Kelley

DOCSOAK-9903143.1

Proof of Service