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17-4384 - Federal Deposit Insurance Corporation v. Crowe Horwath LLP

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17-4384 - Federal Deposit Insurance Corporation v. Crowe Horwath LLP
March 27, 2018
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ment negotiations if this Opinion makes a difference to the parties' settlement positions. The status hearing of 05/10/2018 remains in place. Emailed notice,(Chang, Edmond)MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 3/27/2018: For the reasons stated in the Opinion, Defendant's motion to dismiss and to strike is granted in part and denied in part 17. The jury demand and the request for punitive damages stand; Count 2 (the negligence claims) is dismissed as duplicative of the accounting malpractice claim; and Count 3 (the negligent misrepresentation claim) remains intact for now. The Court encourages the parties to engage in settle
June 25, 2018
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fer as necessary, the status hearing of 06/25/2018 is reset to 07/10/2018 at 10:30 a.m. Again, any counsel may participate by phone; notify the courtroom deputy by 2 p.m. of the prior business day. Emailed notice(eec)MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 6/25/2018: For the reasons discussed in the Opinion, Crowe's motion to compel 73 is granted in part and denied in part. 1. By 07/23/2018, the FDIC-R (and/or FDIC-C) must conduct a relevancy review and identify and produce all documents authored by, or sent to or from Shirley Langford, Leslee Martin, and Jon Peterson, on the topics detailed in the Opinion. 2. By 07/23/2018, the FDIC-R must conduct a relevancy review of every document it obtained from a third-party during its pre-litigation investigation, excepting documents obtained from third-parties who have already produced or have agreed to produce all requested documents in response to Crowe's third-party subpoenas. The details of the review and the deadline are subject to conferral between the FDIC-R and Crowe. 3. By 06/29/2018, the FDIC-R shall upload the unredacted deposition transcripts and the transcript of Owens' deposition under seal and ex parte, and highlight in yellow the parts that were redacted so the Court can conduct an in camera review. 4. By 07/13/2018, the FDIC-R shall file, under seal and ex parte, the settlement negotiations and communications leading up to the two settlement agreements that have been provided to Crowe. 5. By 07/16/2018, the FDIC-R shall to produce to Crowe communications and documents related to potential claims against third parties that are not related to settlement, negotiations, or compromise to the extent they exist, unless the FDIC-R believes that the records are protected by another privilege, in which case the FDIC-R must provide a privilege log to Crowe by the same deadline. In order to allow the parties to review this Opinion and con