Opinion
Case No. 12-CV-01022-LKK-CKD
07-13-2012
FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for CHARTER OAK BANK; Plaintiff, v. TIMOTHY A. WILKENS a.k.a. TIM WILKENS, an individual; Defendant.
SEYFARTH SHAW LLP Robert J. Wood Attorneys for Plaintiff Federal Deposit Insurance Corporation, as Receiver for Charter Oak Bank LAW OFFICES OF MICHAEL BROOK Michael J.M. Brook Attorneys for Defendant Timothy A. Wilkens
SEYFARTH SHAW LLP
Lawrence E. Butler (SBN 111043)
SEYFARTH SHAW LLP
James D. McNairy (SBN 230903)
Robert J. Wood (SBN 238382)
Attorneys for Plaintiff
Federal Deposit Insurance Corporation, as
Receiver for Charter Oak Bank
STIPULATION TO TRANSFER VENUE
TO NORTHERN DISTRICT OF
CALIFORNIA; ORDER
Plaintiff Federal Deposit Insurance Corporation, as Receiver for Charter Oak Bank, Napa, California ("Plaintiff") and defendant Timothy A. Wilkens a.k.a. Tim Wilkens ("Defendant"), by and through their respective undersigned counsel, hereby stipulate, agree, and jointly request that the Court issue its order as follows:
WHEREAS, Plaintiff commenced the instant action by filing a complaint on April 17, 2012, in the United States District Court, Eastern District of California;
WHEREAS, on June 19, 2012, Defendant, having been served with Plaintiff's complaint, filed a motion to dismiss (the "Motion") pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure (the "Federal Rules"), on the basis that venue is improper in the Eastern District of California;
WHEREAS, counsel for Plaintiff and Defendant have conferred and agree that, irrespective of whether venue is or is not proper in the Eastern District, venue is proper in the Northern District of California, pursuant to 28 U.S.C. § 1391(b)(2), and this matter should be transferred to the Northern District in lieu of further litigation of the Motion, subject to the terms of this stipulation;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED:
1. That this matter should be transferred to the Northern District on the following terms and conditions:
a. Defendant shall file and serve an answer to Plaintiff's complaint by no later than July 20, 2012, or five (5) court days after the Clerk of the Northern District gives notice that the case has been received and the new case number has been assigned, whichever date is later.
b. Defendant waives any defense to Plaintiff's complaint listed in Rule 12(b)(2)-(5) of the Federal Rules, to the extent not already waived by operation of Rule 12(h)(1)(A).
2. That the parties hereby jointly request the Court to issue its order approving and implementing this stipulation upon the filing of this stipulation and the ex parte application of any of the parties, without further motion, hearing and/or other proceedings; and
3. That the Court's order incorporating or otherwise implementing and consistent with the terms of this stipulation shall be effective immediately upon issuance.
IT IS SO STIPULATED.
SEYFARTH SHAW LLP
By:_________________
Robert J. Wood
Attorneys for Plaintiff
Federal Deposit Insurance Corporation, as
Receiver for Charter Oak Bank
IT IS SO STIPULATED.
LAW OFFICES OF MICHAEL BROOK
By: _________________
Michael J.M. Brook
Attorneys for Defendant
Timothy A. Wilkens
ORDER
The foregoing Stipulation to Transfer Venue to Northern District of California, entered into among plaintiff Federal Deposit Insurance Corporation, as Receiver for Charter Oak Bank, Napa, California, and defendant Timothy A. Wilkens a.k.a. Tim Wilkens, has been submitted to the Court for consideration. The Court, having reviewed and considered the stipulation, and good cause appearing therefor, HEREBY ORDERS that the stipulation is APPROVED on the terms set forth therein. The Clerk is directed to transfer this case to the United States District Court, Northern District of California, forthwith. No further proceedings shall be had in this Court.
IT IS SO ORDERED.
_________________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT