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)

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1 Edward F. Donohue (SBN 112730) edonohue@hinshawlaw.com 2 Peter L. Isola (SBN 144146) cborders@hinshawlaw.com 3 John T. Meno (SBN 231238) jmeno@hinshawlaw.com 4 HINSHAW & CULBERTSON LLP One California Street, 18th Floor 5 San Francisco, CA 94111 Telephone: 415.362.6000 6 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 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 jcohen@josephandcohen.com JOSEPH AND COHEN, A P.C. 11 1855 Market Street San Francisco, CA 94103 12 Telephone: 415.817.9200 Facsimile: 415.874.1997 13 Attorneys for Plaintiffs 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 FRESNO DIVISION 17 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 20 Plaintiffs, Date: May 5, 2017 21 vs. Location: Courtroom 9 22 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 25 Defendants. 26 27 28 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 1 the Parties to continue global settlement negotiations. 2 SO STIPULATED: 3 DATED: April 27, 2017 HINSHAW & CULBERTSON LLP 4 5 : By:_/s/ Edward F. Donahue Edward F. Donohue Attorneys for Defendant BANCINSURE, INC. 6 7 8 DATED: April 27, 2017 JOSEPH AND COHEN, A P.C. 9 : By: /s/ Jonathan M. Cohen Jonathan M. Cohen Attorneys for the Insureds 10 11 12 DATED: April 27, 2017 NOSSAMAN LLP 13 14 : By:_/s/ James H. Vorhis James H. Vorhis Attorneys for FEDERAL DEPOSIT INSURANCE COMPANY, Plaintiff as assignee of certain claims 15 16 17 ORDER 18 19 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. 23 24 IT IS SO ORDERED. 25 Dated: April 28, 2017 UNITED STATES MAGISTRATE JUDGE 26 27 28 3

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