SureTec Ins. Co. v. New Faze Development, et al.,

Filing 29

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/14/2009 ORDERING 28 Applications 14 , 15 , 16 , 17 , are DENIED without prejudice, and the 4/16/2009, hearing date is hereby VACATED. (Reader, L)

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WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P.
ATTORNE Y S AT L A W

Robert C. Niesley, Bar No. 131373 [e-mail] Jeffrey T. Robbins, Bar No. 213271 [e-mail] Yanna J. Li, Bar No. 258330 [e-mail] Watt, Tieder, Hoffar & Fitzgerald, L.L.P. 2040 Main Street, Suite 300 Irvine, CA 92614 Telephone: [phone] Facsimile: 949-261-0771 Attorneys for Plaintiff SURETEC INSURANCE COMPANY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SURETEC INSURANCE COMPANY, a Texas Corporation Plaintiff, v. NEW FAZE DEVELOPMENT, INC., a California Corporation; NEW FAZE INVESTMENT FUND I, LLC, a California Limited Liability Company; ALLEN W. WARREN, an individual; and GINA M. WARREN, an individual, Defendants. Case No. 2:08-CV-03036-MCE-JFM STIPULATION AND ORDER TO TAKE THE HEARING DATE FOR PLAINTIFF'S APPLICATION FOR RIGHT TO ATTACH ORDER AND ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT OFF THE COURT'S CALENDAR Hearing Information: Date: April 16, 2009 Time: 2:00 p.m. Judge: Morrison C. England, Jr.

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: IT IS HEREBY STIPULATED by and between plaintiff SureTec Insurance Company ("SURETEC") and defendants New Faze Development, Inc., New Faze Investment Fund I, LLC, Allen W. Warren, and Gina M. Warren (collectively "DEFENDANTS") (SURETEC and DEFENDANTS will hereafter be collectively known as the "PARTIES"), by and through their respective counsel of record, as follows:
MEMORANDUM OF POINTS AND AUTHORITIES

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1.

SURETEC's applications for right to attach orders and orders for

issuance of writs of attachment ("Applications") is presently scheduled for hearing on April 16, 2009 at 2:00 p.m. in the above-entitled court. 2. 3. The PARTIES have commenced settlement negotiations relating to As part of their settlement efforts, the PARTIES have agreed, and SURETEC's allegations against DEFENDANTS. request the court to order that the April 16, 2009 hearing date on SURETEC's Applications be taken off of the Court's calendar without prejudice. IT IS SO STIPULATED. Dated: April __, 2009 WATT, TIEDER, HOFFAR & FITZGERALD, L.L.P. By: /s/ Yanna J. Li__________ Jeffrey T. Robbins, Esq. Yanna J. Li, Esq. Attorneys for Plaintiff SURETEC INSURANCE COMPANY Dated: April __, 2009 KILPATRICK LAW OFFICES, P.C. By: /s/ Terence Kilpatrick____ Terence Kilpatrick, Esq. Attorney for Defendants

BASED ON THE FOREGOING STIPULATION, AND GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that SURETEC'S Applications (Docket Nos. 14-17) are DENIED without prejudice and the April 16, 2009, hearing date is hereby vacated. IT IS SO ORDERED. Dated: April 14, 2009
__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE -2MEMORANDUM OF POINTS AND AUTHORITIES

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