Hawker et al v. BancInsurance, Inc. et al

Filing 169

STIPULATION and ORDER to continue Status Conference from 5/26/2017 to 6/30/2017 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 5/24/2017. (Hernandez, M)

1
2
3
4
5
6
7
8
9
10
11
12

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

Attorneys for Defendant JOHN D. DOAK,
Attorneys for FEDERAL DEPOSIT
insurance commissioner as receiver for Red
INSURANCE CORPORATION as Receiver
Rock Insurance Company, f/k/a BancInsure, Inc. of County Bank, Plaintiffs as assignee of
certain claims
Jonathan D. Joseph (SBN 90564)
Jonathan M. Cohen (SBN 168207)
[e-mail]
JOSEPH AND COHEN, A P.C.
1855 Market Street
San Francisco, CA 94103
Telephone: [phone]
Facsimile: 415.874.1997

13
Attorneys for Plaintiffs
14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16

FRESNO DIVISION

17
18
19

THOMAS T. HAWKER; JOHN J.
Case No.: CV F 12-1261-SAB
INCANDELA; DAVE KRAECHAN; EDWIN
JAY LEE; EDWARD J. ROCHA; and
SECOND STIPULATION AND ORDER
FEDERAL DEPOSIT INSURANCE
CONTINUING STATUS CONFERENCE
CORPORATION, as Receiver of County Bank,

20
Plaintiffs,
21
vs.
22
23
24
25
26
27
28

JOHN D. DOAK, insurance commissioner as
receiver for Red Rock Insurance Company, f/k/a
BancInsure, Inc.; and DOES 1 through 10,
inclusive
Defendants.

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.

On May 2, 2017, this Court granted the Parties’ Stipulation to continue the status

conference to May 26, 2017. ECF No. 167.
7.

As mentioned in the first stipulation to continue the May 5, 2017 status

conference, there are 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’ have made significant progress
in those efforts, are in the final stages of those settlement negotiations, and hope to finalize a
-1-

1
2
3
4
5

global settlement agreement in the next thirty (30) days that will result in dismissal of this action.
8.

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

the status conference from May 26, 2017 to June 30, 2017, at 9:00 a.m. in Courtroom 9, to
permit the Parties to continue global settlement negotiations.
SO STIPULATED:

6
DATED: May 23, 2017

HINSHAW & CULBERTSON LLP

7
8
: By:_/s/ Edward F. Donahue
Edward F. Donohue
Attorneys for Defendant BANCINSURE, INC.

9
10
11 DATED: May 23, 2017

JOSEPH AND COHEN, A P.C.

12
: By: /s/ Jonathan M. Cohen
Jonathan M. Cohen
Attorneys for the Insureds

13
14
15
DATED: May 23, 2017

NOSSAMAN LLP

16
17
18
19

: By:_/s/ James H. Vorhis
James H. Vorhis
Attorneys for FEDERAL DEPOSIT
INSURANCE COMPANY, Plaintiff as assignee
of certain claims

20
21
22
23
24
25
26
27
28

-2-

IT IS SO ORDERED.

1
2

IT IS SO ORDERED.
3
4 Dated:

May 24, 2017
UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3-