Hawker et al v. BancInsurance, Inc. et al

Filing 127

STIPULATION and ORDER to continue Scheduling Conference from 5/6/2014 to 5/27/2014 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. A joint scheduling conference report is due one week before the new conference date. Signed by Magistrate Judge Stanley A. Boone on 4/29/2014. (Hernandez, M)

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1 2 3 4 5 6 7 8 9 10 11 12 Edward F. Donohue (SBN 112730) edonohue@hinshawlaw.com Peter L. Isola (SBN 144146) cborders@hinshawlaw.com John T. Meno (SBN 231238) jmeno@hinshawlaw.com HINSHAW & CULBERTSON LLP One California Street, 18th Floor San Francisco, CA 94111 Telephone: 415.362.6000 Facsimile: 415.834.9070 Patrick J. Richard (SBN 131046) Prichard@nossaman.com James H. Vorhis (SBN 245034) jvorhis@nossaman.com S. Ashar Ahmed (SBN 256711) aahmed@nossaman.com NOSSAMAN LLP 50 California Street, 34th Floor San Francisco, CA 94111 Telephone: 415.398.3600 Facsimile: 415.398.2439 - and – Attorneys for Defendant BANCINSURE, INC. Thomas D. Long (SBN 105987) tlong@nossaman.com Jonathan D. Joseph (SBN 90564) NOSSAMAN LLP Jonathan M. Cohen (SBN 168207) 777 S. Figueroa Street, 34th Floor jcohen@josephandcohen.com Los Angeles, CA 90017 JOSEPH AND COHEN, A P.C. Telephone: 213.612.7800 1855 Market Street Facsimile: 213.612.7801 San Francisco, CA 94103 Telephone: 415.817.9200 Attorneys for FEDERAL DEPOSIT Facsimile: 415.874.1997 INSURANCE CORPORATION, Plaintiffs as assignee of certain claims Attorneys for Plaintiffs 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 FRESNO DIVISION 17 THOMAS T. HAWKER; JOHN J. INCANDELA; DAVE KRAECHAN; EDWIN JAY LEE; EDWARD J. ROCHA; 19 and FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver, Case No.: CV F 12-1261-SAB 18 STIPULATION AND ORDER CONTINUING SCHEDULING CONFERENCE 20 Plaintiffs, 21 vs. 22 23 24 BANCINSURE, INC.; and DOES 1 through 10, inclusive Defendants. 25 26 27 28 1 1 IT IS HEREBY STIPULATED, by and between Plaintiffs Thomas T. Hawker, 2 John J. Incandela, Dave Kraechan, Edwin Jay Lee and Edward J. Rocha (collectively 3 “Insureds”), plaintiff by assignment the Federal Deposit Insurance Corporation as 4 Receiver for County Bank (the “FDIC-R”), and Defendant BancInsure, Inc. 5 (“BancInsure”), through their respective counsel of record, as follows: 6 1. On August 29, 2013, this Court entered a Second Amended Scheduling 7 Order that set the case for phased discovery so that the parties could file cross-motions 8 for summary judgment on the second claim for breach of contract in the First Amended 9 Complaint. Docket no. 50. That Order set dates for Phase I filing deadlines, the Phase I 10 summary judgment hearing, and a further post-hearing case management conference. Id.; 11 see also docket nos. 59, 72. 12 2. The parties filed their cross-motions for summary judgment on January 31, 13 2014. On February, 21, 2014, this Court entered its Fourth Amended Scheduling Order 14 extending the opposition and briefing deadlines. Docket no. 90. That Fourth Amended 15 Scheduling Order set the hearing for the cross-motions on April 2, 2014, and the post 16 hearing case management conference on April 16, 2014. Id. 17 3. This Court entertained oral argument on the motions on April 2, 2014. At 18 that hearing, this Court moved the further case management conference to May 6, 2014. 19 Docket no. 123. 20 4. On April 7, 2014, the Court issued its order on the cross-motions for 21 summary judgment on the second claim for breach of contract, granting BancInsure’s 22 motion and denying the FDIC-R’s motion. Docket No. 125. A further scheduling 23 conference is currently set for May 6, 2014. 24 5. Counsel for the parties have met-and-conferred regarding the best way to 25 maximize efficiency while minimizing costs and the burden on this Court. Accordingly, 26 the parties are discussing an option that might entail having the FDIC-R dismiss its 27 remaining claims without prejudice so that an appeal may be taken to the Ninth Circuit 28 on the Order for Summary Judgment. The parties believe this may be the most efficient 2 1 way to pursue this case. As they are discussing the mechanics of such a plan, the parties 2 believe it is in the best interest of all parties and the Court to continue the scheduling 3 conference from May 6, 2014 at 10:00 a.m. to May 27, 2014 at 11:00 a.m. 4 5 6 SO STIPULATED: DATED: April 29, 2014 HINSHAW & CULBERTSON LLP 7 : By:___/s/ Edward F. Donohue 8 Edward F. Donohue Attorneys for Defendant BANCINSURE, INC. 9 10 11 DATED: April 29, 2014 JOSEPH AND COHEN, A P.C. 12 : By: /s/ Jonathan M. Cohen 13 Jonathan M. Cohen Attorneys for the Insureds 14 15 DATED: April 29, 2014 NOSSAMAN LLP 16 17 : By:___/s/ James H. Vorhis James H. Vorhis Attorneys for FEDERAL DEPOSIT INSURANCE COMPANY, Plaintiff as assignee of certain claims 18 19 20 21 IT IS SO ORDERED. 22 Dated: April 29, 2014 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 3

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