First Bank v. American Contractors Indemnity Company

Filing 14

FURTHER STIPULATION and ORDER CONTINUING HEARING DATE OF DEFENDANT MOTION TO DISMISS currently set for 6/10/2010 has been CONTINUED to 8/12/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill signed by District Judge Lawrence J. O'Neill on July 2, 2010. (Lira, I)

First Bank v. American Contractors Indemnity Company

Doc. 14

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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 ­ BAKERSFIELD DIVISION

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 548 LJO SMS FURTHER STIPULATION AND ORDER CONTINUING HEARING DATE OF DEFENDANT'S MOTION TO DISMISS Date: Time: Dept.: July 22, 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, the hearing was further continued by stipulation and order to July 22, 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, the documentation of the settlement of this lawsuit has taken longer than initially expected since it is complex and involves multiple parties and agreements.
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FURTHER STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE
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BUCHALTER NEMER
A PROFESSIONAL CORPORATION

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. AND WHEREAS, two prior continuances of the hearing date or briefing schedule have been sought or obtained. NOW THEREFORE, it is stipulated and agreed that defendant ACIC's motion to dismiss shall be heard on August 12, 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 29, 2010; and, defendant ACIC's reply brief shall be filed on or before August 5, 2010.

DATED: July 2, 2010

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

DATED: July 2, 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 August 12,

2010, at 8:30 a.m., in Courtroom 4 of the above-entitled court. 2. 29, 2010. 2 Plaintiff First Bank's opposition brief shall be filed and served on or before July

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S A N FR A N C I S C O

FURTHER STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE

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BUCHALTER NEMER
A PROFESSIONAL CORPORATION

3. 2010.

Defendant ACIC's reply brief shall be filed and served on or before August 5,

IT IS SO ORDERED. Dated: July 2, 2010 /s/ Lawrence J. O'Neill United States District Judge

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FURTHER STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE