Travelers Casualty and Surety Co. v. Natoma Valley Ridge, et al.,

Filing 153

STIPULATION AN ORDER signed by Judge John A. Mendez on 6/24/10 ORDERING that the hearing on Plaintiff's MOTION for Summary Judgment which is currently scheduled for 7/21/10 132 is VACATED. This order is without prejudice to Plaintiff's right to file another Motion for Summary Judgment against Western Sierra National Bank, Western Sierra Bancorp, Umpqua Holdings Corporation or Umpqua Bank. (Mena-Sanchez, L)

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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 BENNETT J. LEE, Bar No. 230482 NICHOLAS A. MERRELL, Bar No. 240795 WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. 333 Bush Street, Suite 1500 San Francisco, CA 94104 Telephone: 415-623-7000 Facsimile: 415-623-7001 blee@wthf.com nmerrell@wthf.com Attorneys for Plaintiff TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION TRAVELERS CASUALTY AND SURETY Case No. 2:08-cv-02715-JAM-JFM [lead COMPANY OF AMERICA, a Connecticut case] corporation, STIPULATION TO WITHDRAW Plaintiff, MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE AND v. [PROPOSED] ORDER NATOMA VALLEY RIDGE, LLC, a California limited liability company; GSJ COMPANY, LLC dba DUNMORE COMMUNITIES, a California limited liability company; GRANT AVENUE, LLC, a California limited liability company; CREEKSIDE 18, LLC, a California limited liability company; JEREMY A. DUNMORE, an individual; SIDNEY D. DUNMORE, an individual; RUTH DUNMORE, an individual; CHADY EVETTE DUNMORE, an individual; THOMAS E. MARTIN, an individual; DIANE CAROL MARTIN, an individual; STEPHEN K. PARKINSON, an individual; SUSAN C. PARKINSON, an individual; GSJ COMPANY, LLC dba DUNMORE COMMUNITIES, as trustee, for THE DUNMORE FAMILY TRUST dated February 24, 1977, as amended; RUTH DUNMORE, as trustee, for THE DUNMORE FAMILY TRUST dated February 24, 1977, as amended; WESTERN SIERRA NATIONAL BANK, a California corporation; WESTERN SIERRA BANCORP, a California corporation; UMPQUA HOLDINGS CORPORATION, an Oregon corporation; and UMPQUA BANK, an Oregon corporation, GSJ COMPANY, LP, a California limited partnership, DUNMAR, LLC, a California limited liability company, FAIR OAKS VILLAGE, LLC, a California limited Hearing Information Date: Time: Courtroom: July 21, 2010 9:30 a.m. 6 The Honorable Judge John A. Mendez 1 PDF created with STIPULATIONtrial WITHDRAW MOTION FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER pdfFactory TO version www.pdffactory.com 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 liabilit y company, SIBLEY SQUARE, LLC, a California limited liability company, PENRYN COUNTRY ESTATES, LLC, a California limited liability company, Hillgate Estates, LLC, a California limited liability company, STEVENSON AVENUE, LLC, a California limited liability company, SHASTA OAK COURT, LLC, a California limited liability company, Defendants. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation, Plaintiff, v. THOMAS E. MARTIN, an individual; DIANE CAROL MARTIN, an individual; THOMAS E. MARTIN, as trustee for the THOMAS E. MARTIN TRUST, established December 26, 2002; DIANE CAROL MARTIN, as trustee for the THOMAS E. MARTIN TRUST, established December 26, 2002; BARBERRY LANE, LLC, a California limited liability company; EVAN ESTATES, LLC, a California limited liability company; GV INVESTMENTS, LLC, a California limited liability company; LAKERIDGE COTTAGES, LLC, a California limited liability company; PINE GROVE, LLC, a California limited liability company; STEVENSON AVENUE, LLC, a California limited liability company; TDM INVESTMENTS, LLC, a California limited liability company; and DOES 1-20. Defendants. Case No. 2:09-CV-02147-JAM-JFM WHEREAS Plaintiff TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ("Plaintiff") has noticed a Motion for Summary Judgment as against Defendants WESTERN SIERRA NATIONAL BANK, WESTERN SIERRA BANCORP,UMPQUA HOLDINGS CORPORATION and UMPQUA BANK (collectively "Umpqua"), which is set for hearing on July 21, 2010 at 9:30 a.m. in Courtroom 6 of the above-captioned court; 2 PDF created with STIPULATIONtrial WITHDRAW MOTION FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER pdfFactory TO version www.pdffactory.com 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 WHEREAS Plaintiff and Umpqua have reached or will soon reach a conditional settlement; WHEREAS counsel for Plaintiff and Umpqua have met and conferred and agree that withdrawal of Plaintiff's Motion for Summary Judgment without prejudice will allow Plaintiff and Umpqua to continue their efforts to resolve their claims and disputes between them; WHEREAS if Plaintiff and Umpqua are able to resolve the claims and disputes between them, the Motion for Summary Judgment would be rendered moot; THEREFORE, counsel for Plaintiff and Umpqua stipulate that the hearing to July 21, 2010 should be vacated without prejudice to Plaintiff's right to file another Motion for Summary Judgment against Umpqua. June 24, 2010 /s/ Nicholas A. Merrell NICHOLAS A. MERRELL Counsel for Plaintiff TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA June 24, 2010 /s/ Darrell C. Martin DARRELL C. MARTIN Counsel for Defendants WESTERN SIERRA NATIONAL BANK, WESTERN SIERRA BANCORP, UMPQUA HOLDINGS CORPORATION and UMPQUA BANK /// /// /// /// /// /// 3 PDF created with STIPULATIONtrial WITHDRAW MOTION FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER pdfFactory TO version www.pdffactory.com 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 DATED: June 24, 2010 2. IT IS HEREBY ORDERED as follows: 1. ORDER The hearing on Plaintiff's Motion for Summary Judgment which is currently scheduled for July 21, 2010 is hereby VACATED; This order is without prejudice to Plaintiff's right to file another Motion for Summary Judgment against Western Sierra National Bank, Western Sierra Bancorp, Umpqua Holdings Corporation or Umpqua Bank. /s/ John A. Mendez________________________ JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 4 PDF created with STIPULATIONtrial WITHDRAW MOTION FOR SUMMARY JUDGMENT AND [PROPOSED] ORDER pdfFactory TO version www.pdffactory.com

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