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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Edward F. Donohue (SBN 112730)
[e-mail]
Peter L. Isola (SBN 144146)
[e-mail]
John T. Meno (SBN 231238)
[e-mail]
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.834.9070

Patrick J. Richard (SBN 131046)
[e-mail]
James H. Vorhis (SBN 245034)
[e-mail]
S. Ashar Ahmed (SBN 256711)
[e-mail]
NOSSAMAN LLP
50 California Street, 34th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.398.2439
- and –
Attorneys for Defendant BANCINSURE, INC. Thomas D. Long (SBN 105987)
[e-mail]
Jonathan D. Joseph (SBN 90564)
NOSSAMAN LLP
Jonathan M. Cohen (SBN 168207)
777 S. Figueroa Street, 34th Floor
[e-mail]
Los Angeles, CA 90017
JOSEPH AND COHEN, A P.C.
Telephone: [phone]
1855 Market Street
Facsimile: 213.612.7801
San Francisco, CA 94103
Telephone: [phone]
Attorneys for FEDERAL DEPOSIT
Facsimile: 415.874.1997
INSURANCE CORPORATION, Plaintiffs as
assignee of certain claims
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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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

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STIPULATION AND ORDER
CONTINUING SCHEDULING
CONFERENCE

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Plaintiffs,
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vs.
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BANCINSURE, INC.; and DOES 1 through
10, inclusive
Defendants.

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IT IS HEREBY STIPULATED, by and between Plaintiffs Thomas T. Hawker,

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John J. Incandela, Dave Kraechan, Edwin Jay Lee and Edward J. Rocha (collectively

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“Insureds”), plaintiff by assignment the Federal Deposit Insurance Corporation as

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Receiver for County Bank (the “FDIC-R”), and Defendant BancInsure, Inc.

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(“BancInsure”), through their respective counsel of record, as follows:

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1.

On August 29, 2013, this Court entered a Second Amended Scheduling

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Order that set the case for phased discovery so that the parties could file cross-motions

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for summary judgment on the second claim for breach of contract in the First Amended

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Complaint. Docket no. 50. That Order set dates for Phase I filing deadlines, the Phase I

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summary judgment hearing, and a further post-hearing case management conference. Id.;

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see also docket nos. 59, 72.

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2.

The parties filed their cross-motions for summary judgment on January 31,

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2014. On February, 21, 2014, this Court entered its Fourth Amended Scheduling Order

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extending the opposition and briefing deadlines. Docket no. 90. That Fourth Amended

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Scheduling Order set the hearing for the cross-motions on April 2, 2014, and the post

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hearing case management conference on April 16, 2014. Id.

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3.

This Court entertained oral argument on the motions on April 2, 2014. At

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that hearing, this Court moved the further case management conference to May 6, 2014.

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Docket no. 123.

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4.

On April 7, 2014, the Court issued its order on the cross-motions for

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summary judgment on the second claim for breach of contract, granting BancInsure’s

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motion and denying the FDIC-R’s motion. Docket No. 125. A further scheduling

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conference is currently set for May 6, 2014.

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5.

Counsel for the parties have met-and-conferred regarding the best way to

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maximize efficiency while minimizing costs and the burden on this Court. Accordingly,

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the parties are discussing an option that might entail having the FDIC-R dismiss its

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remaining claims without prejudice so that an appeal may be taken to the Ninth Circuit

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on the Order for Summary Judgment. The parties believe this may be the most efficient
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way to pursue this case. As they are discussing the mechanics of such a plan, the parties

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believe it is in the best interest of all parties and the Court to continue the scheduling

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conference from May 6, 2014 at 10:00 a.m. to May 27, 2014 at 11:00 a.m.

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SO STIPULATED:
DATED: April 29, 2014

HINSHAW & CULBERTSON LLP

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: By:___/s/ Edward F. Donohue

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Edward F. Donohue
Attorneys for Defendant BANCINSURE,
INC.

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DATED: April 29, 2014

JOSEPH AND COHEN, A P.C.

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: By: /s/ Jonathan M. Cohen

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Jonathan M. Cohen
Attorneys for the Insureds

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DATED: April 29, 2014

NOSSAMAN LLP

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: By:___/s/ James H. Vorhis

James H. Vorhis
Attorneys for FEDERAL DEPOSIT
INSURANCE COMPANY, Plaintiff as
assignee of certain claims

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IT IS SO ORDERED.

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Dated:

April 29, 2014

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UNITED STATES MAGISTRATE JUDGE

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