Umpqua Bank v. First American Title Insurance Company

Filing 38

STIPULATION and ORDER signed by Judge William B. Shubb on 3/31/2011 ORDERING that the deadline to complete discovery is rescheduled to 7/1/2011. Dispositive motions deadline is rescheduled to 8/24/2011. Final Pretrial Conference is rescheduled for 10/31/2011 at 02:00 PM. Trial is rescheduled for 1/31/2012 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Zignago, K.)

Umpqua Bank v. First American Title Insurance Company

Doc. 38

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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 8 EASTERN DISTRICT OF CALIFORNIA 9 10 UMPQUA BANK, an Oregon chartered bank, 11 Plaintiff, 12 vs. 13 14 15 16 17 18 19 20 21 22 23 24 25 26
Alborg, Veiluva & Martin LLP 2121 N. California Blvd., Suite 1010 Walnut Creek CA 94596 Tel: [phone] Fax: [phone]

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

FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, Defendant.

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09cv3208 Umpqua Bank- Stip to Cont Trial and 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 discovery related to their respective prosecution/defense of this action. WHEREAS prior to March 17, 2011, Umpqua and First American limited their discovery given their ongoing dispute regarding the production of previously withheld documents and information based upon attorney-client and attorney work product privileges, as well as the pendency of this Court's ruling on Umpqua's Motion to Compel that would resolve the discovery dispute. WHEREAS on March 17, 2011, this Court issued a ruling on Umpqua's Motion to Compel that resolved the discovery dispute, clarified the scope and extent of certain discovery to be undertaken by the parties, and ordered the production of previously withheld documents and information. WHEREAS, on March 23, 2011, Umpqua produced to First American additional, voluminous documents that will require time for First American's counsel to review and analyze. WHEREAS the date for the scheduled close of discovery in this matter is April 15, 2011, and neither Umpqua nor First American believe that they will be able to timely complete discovery, including party, percipient witness and person most qualified depositions, given the time necessary for First American to comply with the Court's ruling on the Motion to Compel, as well as the time necessary for Umpqua to review and analyze the additional documents to be produced by First American; WHEREAS the parties have been advised by the clerk for the Honorable Judge William B. Shubb that January 31, 2012 an available date for trial in January 2012; THEREFORE, Umpqua and First American stipulate and agree to modify the November 19, 2010 revised pretrial scheduling order, and respectfully request the Court to enter an Order as follows: 1. To vacate the April 15, 2011 deadline to "complete" discovery (as defined in the June 9, 2010 pretrial scheduling order), and reschedule said deadline to July 1, 2011;
09cv3208 Umpqua Bank- Stip to Cont Trial and 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]

2.

To vacate the June 3, 2011 deadline for filing all motions, except for motions for continuances, temporary restraining orders, or other emergency applications, and reschedule said deadline to August 24, 2011;

3.

To vacate the August 12, 2011 Final Pretrial Conference date, and reschedule said conference for November 2, 2011;

4.

To vacate the October 18, 2011 trial date and reschedule said trial date for January 31, 2010; and

5.

Unless expressly modified herein, all other conditions and obligations set forth in the November 19, 2010 revised pretrial scheduling order shall remain in full force and effect.

IT IS SO STIPULATED. Dated: March 30, 2011 ALBORG, VEILUVA & MARTIN LLP

By:

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

Dated: March 30, 2011 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 Trial and 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 November 19, 2010 revised pretrial scheduling order is modified and amended as follows: 1. The April 15, 2011 deadline to "complete" discovery (as defined in the June 9, 2010 pretrial scheduling order) is vacated and rescheduled to July 1, 2011; 2. The June 3, 2011 deadline for filing all motions, except for motions for continuances, temporary restraining orders, or other emergency applications is vacated and rescheduled to August 24, 2011; 3. The August 12, 2011 Final Pretrial Conference is vacated and rescheduled for October 31, 2011 at 2:00 p.m. 4. The October 18, 2011 trial date is vacated and rescheduled for January 31, 2012; and 5. All other conditions and obligations set forth in the November 19, 2010 revised pretrial scheduling order shall remain in full force and effect. IT IS SO ORDERED.

Dated: March 31, 2011

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