Hawker et al v. BancInsurance, Inc. et al

Filing 167

STIPULATION AND ORDER CONTINUING May 5, 2017 STATUS CONFERENCE to May 26, 2017,signed by Magistrate Judge Stanley A. Boone on 04/28/2017. (Status Conference set for 5/26/2017 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Martin-Gill, S)

1 Edward F. Donohue (SBN 112730)
[e-mail]
2 Peter L. Isola (SBN 144146)
[e-mail]
3 John T. Meno (SBN 231238)
[e-mail]
4 HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
5 San Francisco, CA 94111
Telephone: [phone]
6 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

Attorneys for FEDERAL DEPOSIT
7 Attorneys for Defendant JOHN D. DOAK,
insurance commissioner as receiver for Red
INSURANCE CORPORATION as Receiver
8 Rock Insurance Company, f/k/a BancInsure, Inc. of County Bank, Plaintiffs as assignee of
certain claims
9 Jonathan D. Joseph (SBN 90564)
Jonathan M. Cohen (SBN 168207)
10 [e-mail]
JOSEPH AND COHEN, A P.C.
11 1855 Market Street
San Francisco, CA 94103
12 Telephone: [phone]
Facsimile: 415.874.1997
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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.
Case No.: 12-cv-01261-SAB
18 INCANDELA; DAVE KRAECHAN; EDWIN
JAY LEE; EDWARD J. ROCHA; and
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
19 FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver of County Bank,
Hon. Stanley A. Boone
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Plaintiffs,
Date: May 5, 2017
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vs.
Location: Courtroom 9
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JOHN D. DOAK, insurance commissioner as
Complaint Filed: August 1, 2012
23 receiver for Red Rock Insurance Company, f/k/a Trial Date: None
BancInsure, Inc.; and DOES 1 through 10,
24 inclusive
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Defendants.

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IT IS HEREBY STIPULATED, by and between Plaintiffs Thomas T. Hawker, John J.
Incandela, Dave Kraechan, Edwin Jay Lee and Edward J. Rocha (collectively “Insureds”),
plaintiff by assignment the Federal Deposit Insurance Corporation as Receiver for County Bank
(the “FDIC-R”), and Defendant John D. Doak, insurance commissioner as receiver for Red Rock
Insurance Company, f/k/a BancInsure, Inc. (“Doak”), through their respective counsel of record,
as follows:
1.

On April 7, 2014, this Court granted Defendant’s Motion for Summary Judgment

as to the FDIC-R’s second cause of action for breach of contract. ECF No. 125.
2.

On April 17, 2015, this Court granted the Parties’ Renewed Motion for

Certification of Judgment as Final and Appealable, thereby permitting the Parties to appeal the
Court’s summary judgment ruling to the Ninth Circuit. ECF No. 157.
3.

On May 14, 2015, the FDIC-R filed a timely Notice of Appeal to the Ninth

Circuit. ECF No. 158.
4.

On March 27, 2017, the Ninth Circuit issued an Order affirming this Court’s

summary judgment ruling.
5.

On April 18, 2017, the Ninth Circuit issued a Mandate setting that date as the one

where the Ninth Circuit’s Judgment will take effect. ECF No. 164.
6.

On April 19, 2017, this Court issued an Order setting a status conference in front

this Honorable Court on May 5, 2017.
7.

There are a number a number of pieces of litigation throughout the country

between the FDIC as the receiver of various failed banks, and John D. Doak, insurance
commissioner as receiver for Red Rock Insurance Company, f/k/a/ BancInsure, Inc. In light of
the limited assets in the receivership and the many cases outstanding, the FDIC and Mr. Doak
have been negotiating a global resolution that will settle all such litigation. The Parties expect
that such settlement negotiations will continue for at least the next two weeks in light of the
many moving pieces.
8.

In light of the foregoing, the Parties hereby jointly request this Court to continue

the status conference from May 5, 2017 to May 26, 2017, at 9:00 a.m. in Courtroom 9, to permit
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the Parties to continue global settlement negotiations.

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SO STIPULATED:

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DATED: April 27, 2017

HINSHAW & CULBERTSON LLP

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: By:_/s/ Edward F. Donahue
Edward F. Donohue
Attorneys for Defendant BANCINSURE, INC.

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8 DATED: April 27, 2017

JOSEPH AND COHEN, A P.C.

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: By: /s/ Jonathan M. Cohen
Jonathan M. Cohen
Attorneys for the Insureds

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DATED: April 27, 2017

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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ORDER
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Accordingly, IT IS HEREBY ORDERED that the status conference set for May 5, 2017,

20 is hereby continued to May 26, 2017, at 9:00 a.m. in Courtroom 9. The parties shall file a joint
21 status report seven (7) days prior to the status conference addressing the claims and parties that
22 remain in this action following the decision on the FDIC’s appeal.
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24 IT IS SO ORDERED.
25 Dated:

April 28, 2017
UNITED STATES MAGISTRATE JUDGE

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