Hawker et al v. BancInsurance, Inc. et al

Filing 90

STIPULATION and FOURTH AMENDED SCHEDULING ORDER - Phase I Opposition filing deadline due 3/7/2014; Phase I Reply filing deadline due 3/26/2014; Phase I Motion Hearing 4/2/2014; Further Case Management Conference set for 4/18/2014 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 2/21/2014. (Hernandez, M)

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EDWARD F. DONOHUE (SBN 112730)
[e-mail]
CHRISTOPHER J. BORDERS (SBN 135901)
[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]
NOSSAMAN LLP
50 California Street, 34th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.398.2439
- and –
Thomas D. Long (SBN 105987)
[e-mail]
Attorneys for Defendant BANCINSURE, INC. NOSSAMAN LLP
777 S. Figueroa Street, 34th Floor
Jonathan D. Joseph (SBN 90564)
Los Angeles, CA 90017
Jonathan M. Cohen (SBN 168207)
Telephone: [phone]
[e-mail]
Facsimile: 213.612.7801
JOSEPH AND COHEN, A P.C.
1855 Market Street
Attorneys for FEDERAL DEPOSIT
San Francisco, CA 94103
INSURANCE CORPORATION AS
Telephone: [phone]
RECEIVER FOR COUNTY BANK, Plaintiffs
Facsimile: 415.874.1997
as assignee of certain claims

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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.: CV F 12-1261-SAB
INCANDELA; DAVE KRAECHAN;
EDWIN JAY LEE; EDWARD J. ROCHA; STIPULATION AND FOURTH
19 and FEDERAL DEPOSIT INSURANCE
AMENDED SCHEDULING ORDER
CORPORATION, as Receiver,
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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.

This Court initially issued an Amended Scheduling Order (Docket no. 37)

following a May 28, 2013 Scheduling Conference.
2.

After the parties met-and-conferred regarding the most efficient and

economic ways to manage this litigation, they submitted a stipulation to the Court

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requesting an Amended Scheduling Order. On August 29, 2013, this Court issued an

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Amended Scheduling Order (Docket No. 50) setting new dates and deadlines.

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3.

In an effort to build additional time into the schedule to resolve discovery

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disputes, the parties submitted a stipulation to the Court requesting a Second Amended

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Scheduling Order. On November 14, 2013, this Court issued an Amended Scheduling

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Order (Docket No. 59) setting new dates and deadlines.

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4.

In an effort to provide the parties additional time to resolve discovery

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disputes and related issues with document productions, the parties submitted a stipulation

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to the Court requesting a Third Amended Scheduling Order. On December 19, 2013, this

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Court issued a Third Amended Scheduling Order (Docket No. 72) setting new dates and

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deadlines.

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5.

On January 31, 2014, the parties filed cross-motions for partial summary

judgment and supporting documentation. See Docket Nos. 74-88.
6.

The parties agree that due to the importance of the legal issues covered by

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the pending motions and the scope of discovery to date that good cause exists to amend

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the current briefing and hearing deadline, and for the Court to adopt a Fourth Amended

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Scheduling Order such that the parties are permitted additional time to file opposition and

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reply papers respecting the issues of contract interpretation raised in the cross-motions for

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partial summary judgment.
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7.

The parties reiterate that an early resolution of the contract interpretation

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issues could substantially reduce costs and simplify the remaining issues to be resolved in

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the litigation irrespective of which party prevails on cross-summary-judgment motions

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planned at the completion of “Phase I” as described below. Thus, if the Insureds and the

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FDIC-R prevail against coverage defenses raised in response to the Second Count for

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Breach of Contract, Count IV for Reformation would potentially become moot as would

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defenses raised by BancInsure to such claims such as estoppel and statute of limitations.

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If BancInsure prevails as to coverage defenses raised in Response to Count II, Count III

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for Breach of the Covenant of Good Faith and Fair Dealing would potentially become

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moot.
8.

The parties stipulate to and respectfully request that the Court issue a

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Fourth Amended Scheduling Order that amends the following dates and deadlines in

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this matter:

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a.

Phase I Opposition Filing Deadline: March 7, 2014

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d.

Phase I Reply Filing Deadline: March 26, 2014

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c.

Phase I Motion Hearing: April 2, 2014

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d.

Further Case Management Conference: April 18, 2014

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9.

The parties stipulate that the trial date will remain October 6, 2014. The

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parties further stipulate that neither will contest the other’s request for a continuance of

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the current trial date of up to 60 days.

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10.

The parties further stipulate and agree to engage in a formal alternative

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dispute resolution process, to be completed within 90 days of the Court’s ruling on the

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Phase I motions.

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SO STIPULATED:
DATED: February 20, 2014

HINSHAW & CULBERTSON LLP

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: By:___/s/ Edward F. Donahue

Edward F. Donohue
Christopher J. Borders
John T. Meno
Attorneys for Defendant BANCINSURE,
INC.

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DATED: February 20, 2014

JOSEPH AND COHEN, A P.C.

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: By: /s/ Jonathan M. Cohen

Jonathon D. Joseph
Jonathan M. Cohen
Attorneys for the Insureds

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DATED: February 20, 2014

NOSSAMAN LLP

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: By:___/s/ James H. Vorhis

Patrick J. Richard
James H. Vorhis
Thomas D. Long
Attorneys for FEDERAL DEPOSIT
INSURANCE COMPANY, Plaintiffs as
assignee of certain claims

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IT IS SO ORDERED.
Dated:

February 21, 2014
UNITED STATES MAGISTRATE JUDGE

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