First Bank v. American Contractors Indemnity Company

Filing 12

STIPULATION and ORDER signed by District Judge Lawrence J. O'Neill on 6/16/2010. The hearing re Motion to Dismiss 6 now set for 7/1/2010 is continued to 7/22/2010 at 8:30 AM in Ctrm. 4 before District Judge Lawrence J. O'Neill. (Arellano, S.)

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BUCHALTER NEMER
A PROFESSIONAL CORPORATION

BUCHALTER NEMER A Professional Corporation JEFFREY B. KIRSCHENBAUM (SBN: 152290) LORI S. LIU (SBN: 225599) 333 Market Street, 25th Floor San Francisco, CA 94105-2126 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff FIRST BANK, a Missouri banking corporation UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

FIRST BANK, a Missouri banking corporation, Plaintiff, vs. AMERICAN CONTRACTORS INDEMNITY COMPANY, a California corporation; and DOES 1-50, Defendants.

Case No. 1:10-cv-00548 LJO SMS FURTHER STIPULATION AND ORDER CONTINUING HEARING DATE OF DEFENDANT'S MOTION TO DISMISS Date: Time: Dept.: July 1, 2010 8:30 a.m. 4

Plaintiff First Bank, a Missouri banking corporation, and defendant American Contractors Indemnity Company, a California corporation, (hereinafter, "ACIC") hereby stipulate as follows: WHEREAS, defendant ACIC noticed its motion to dismiss for hearing on June 10, 2010. AND WHEREAS, the hearing was continued by stipulation and order to July 1, 2010. AND WHEREAS, plaintiff First Bank and defendant ACIC have agreed to settle this lawsuit and are in the process of documenting a settlement agreement that will result in dismissal of this lawsuit. AND WHEREAS, plaintiff First Bank and defendant ACIC agree that a 21-day continuance of the hearing and due dates for opposition and reply briefs would serve the interests of justice. 1
FURTHER STIPULATION AND ORDER CONTINUING HEARING DATE

BN 6408625v1

S A N FR A N C I S C O

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BUCHALTER NEMER
A PROFESSIONAL CORPORATION

AND WHEREAS, one prior continuance of the hearing date or briefing schedule has been sought or obtained. NOW THEREFORE, it is stipulated and agreed that defendant ACIC's motion to dismiss shall be heard on July 22, 2010 at 8:30 a.m., in Courtroom 4 of the above-entitled court; plaintiff First Bank's opposition brief shall be filed and served on or before July 8, 2010; and, defendant ACIC's reply brief shall be filed on or before July 15, 2010.

DATED: June 16, 2010

BUCHALTER NEMER A Professional Corporation By: /s/ Jeffrey B. Kirschenbaum Jeffrey B. Kirschenbaum Attorneys for Plaintiff, FIRST BANK

DATED: June 16, 2010

RAUL L. MARTINEZ MARK A. OERTEL LEWIS BRISBOIS BISGAARD & SMITH LLP By: /s/ Raul L. Martinez Raul L. Martinez Attorney for AMERICAN CONTRACTORS INDEMNITY COMPANY

ORDER Good cause appearing therefore: 1. The hearing of defendant ACIC's motion to dismiss is continued to July 22, 2010,

at 8:30 a.m., in Courtroom 4 of the above-entitled court. 2. 2010. 3. Defendant ACIC's reply brief shall be filed and served on or before July 15, 2010. Plaintiff First Bank's opposition brief shall be filed and served on or before July 8,

IT IS SO ORDERED. Dated: June 16, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 2
FURTHER STIPULATION AND ORDER CONTINUING HEARING DATE

BN 6408625v1

S A N FR A N C I S C O