Umpqua Bank v. First American Title Insurance Company

Filing 27

STIPULATION and ORDER 26 re-scheduling Pretrial deadlines signed by Judge William B. Shubb on 11/19/2010. Disclosure of Expert Witnesses is now due 1/21/2011. All Discovery shall be completed by 4/15/2011. All Motions deadline is continued to 6/3/2 011. Final Pretrial Conference is RE-SET for 8/8/2011 at 2:00 PM and Jury Trial is RE-SCHEDULED to 10/18/2011 at 09:00 AM in Courtroom 5 (WBS). All other conditions and obligations set forth in 6/9/2010 24 Scheduling Order shall REMAIN in full force and effect. (Marciel, M)

Umpqua Bank v. First American Title Insurance Company

Doc. 27

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Alborg, Veiluva & Martin LLP 2121 N. California Blvd., Suite 1010 Walnut Creek CA 94596 Tel: [phone] Fax: [phone]

THOMAS E. ALBORG (SBN 056425) DARRELL C. MARTIN (SBN 191773) ALBORG, VEILUVA & MARTIN LLP 2121 N. California Blvd., Suite 1010 Walnut Creek, CA 94596 Tel: [phone] Fax: [phone] Attorneys for Plaintiff UMPQUA BANK

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

UMPQUA BANK, an Oregon chartered bank, Plaintiff, vs. FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, Defendant.

Case No. 2:09-03208 WBS EFB STIPULATION AND [PROPOSED] ORDER TO VACATE AND RESCHEDULE TRIAL DATE AND ALL PRETRIAL DEADLINES.

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09cv3208 Umpqua Bank - Stip to Cont Pretrial Dates.doc 1 STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE TRIAL DATE AND PRETRIAL DEADLINES Dockets.Justia.com

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Alborg, Veiluva & Martin LLP 2121 N. California Blvd., Suite 1010 Walnut Creek CA 94596 Tel: [phone] Fax: [phone]

WHEREAS Plaintiff Umpqua Bank ("Umpqua") and Defendant First American Title Insurance Company ("First American") are presently engaged in discussions to resolve the claims and disputes between them, which will be hindered if the June 9, 2010 pretrial scheduling order, and its related deadlines remain on calendar; WHEREAS Umpqua and First American are presently engaged in discovery in the above-captioned action, including the exchange of documents and information related to their respective claims and defenses; WHEREAS a dispute has recently arisen between Umpqua and First American concerning whether certain documents in the possession of First American are discoverable, and which is the subject of active meet and confer discussions between the parties; WHEREAS if Umpqua and First American are unable to resolve their discovery disputes, Umpqua will be required to seek resolution of the dispute through a motion with the Court, which would also be hindered if the June 9, 2010 pretrial scheduling order, and its related deadlines remain on calendar; WHEREAS the expert witness retained by First American is unavailable to attend the currently scheduled trial date of August 9, 2011, and will not be available to attend any trial until October 15, 2011; WHEREAS the parties have been advised by the clerk for the Honorable Judge William B. Shubb that the next available date for trial after October 15, 2011, is October 18, 2011; THEREFORE, Umpqua and First American stipulate and agree to modify the June 9, 2010 pretrial scheduling order as follows: 1. To vacate the November 22, 2010 deadline to disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2), and reschedule said deadline to January 21, 2011; 2. To vacate the February 14, 2011 deadline to "complete" discovery (as defined in the June 9, 2010 pretrial scheduling order), and reschedule said deadline to April 15, 2011;

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09cv3208 Umpqua Bank - Stip to Cont Pretrial Dates.doc 2 STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE TRIAL DATE AND PRETRIAL DEADLINES

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Alborg, Veiluva & Martin LLP 2121 N. California Blvd., Suite 1010 Walnut Creek CA 94596 Tel: [phone] Fax: [phone]

3.

To vacate the April 4, 2011 deadline for filing all motions, except for motions for continuances, temporary restraining orders, or other emergency applications, and reschedule said deadline to June 3, 2011;

4.

To vacate the June 13, 2011 Final Pretrial Conference date, and reschedule said conference for August 12, 2011;

5.

To vacate the August 9, 2011 trial date and reschedule said trial date for October 18, 2011; and

6.

Unless expressly modified herein, all other conditions and obligations set forth in the June 9, 2010 pretrial scheduling order shall remain in full force and effect.

IT IS SO STIPULATED. Dated: November 15, 2010 ALBORG, VEILUVA & MARTIN LLP

By:

/s/ Darrell C. Martin THOMAS E. ALBORG DARRELL C. MARTIN Attorneys for Umpqua Bank

Dated: November 15, 2010 By:

CVM LAW GROUP, LLP /s/ Robert D. Collins ROBERT D. COLLINS ANTHONY S. COSS Attorneys for First American Title Insurance Company

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09cv3208 Umpqua Bank - Stip to Cont Pretrial Dates.doc 3 STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE TRIAL DATE AND PRETRIAL DEADLINES

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Alborg, Veiluva & Martin LLP 2121 N. California Blvd., Suite 1010 Walnut Creek CA 94596 Tel: [phone] Fax: [phone]

ORDER The Court having considered the Stipulation of the parties to the above-captioned action, and good cause having been shown, hereby ORDERS that the June 9, 2010 pretrial scheduling order is modified and amended as follows: 1. The November 22, 2010 deadline to disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) is hereby vacated and rescheduled to January 21, 2011; 2. The February 14, 2011 deadline to "complete" discovery (as defined in the June 9, 2010 pretrial scheduling order) is vacated and rescheduled to April 15, 2011; 3. The April 4, 2011 deadline for filing all motions, except for motions for continuances, temporary restraining orders, or other emergency applications is vacated and rescheduled to June 3, 2011; 4. The June 13, 2011 Final Pretrial Conference is vacated and rescheduled for August 8, 2011 at 2:00 p.m.; 5. The August 9, 2011 trial date is vacated and rescheduled for October 18, 2011 at 9:00 a.m.; and 6. All other conditions and obligations set forth in the June 9, 2010 pretrial scheduling order shall remain in full force and effect. IT IS SO ORDERED.

Dated: November 19, 2010

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09cv3208 Umpqua Bank - Stip to Cont Pretrial Dates.doc 4 STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE TRIAL DATE AND PRETRIAL DEADLINES