Rocklin Park Place Condominiums Owners Association v. Liberty Insurance Underwriters, Inc.

Filing 19

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 1/28/13: 11 Summary Judgment Motion Hearing reset for 5/6/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Scheduling Conference reset for 7/8/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Status Report due 14 days prior to hearing. (Manzer, C)

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TIMOTHY J. RYAN – SBN 99542
REBEKKA R. MARTORANO – SBN 173600
THE RYAN LAW GROUP
2379 Gateway Oaks Drive, Ste. 100
Sacramento, California 95833
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
LIBERTY INSURANCE UNDERWRITERS, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROCKLIN PARK PLACE
CONDOMINIUMS OWNERS
ASSOCIATION,
Plaintiff,
v.
LIBERTY INSURANCE
UNDERWRITERS, INC. ,
Defendant.

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Case No.: 2:12-CV-02247-GEB-GGH
STIPULATION AND ORDER THEREON
CONTINUING HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL
SUMMARY JUDGMENT

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STIPULATION AND ORDER

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WHEREAS, Plaintiff Rocklin Park Place Condominiums Owners Association (“Rocklin”)

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has filed a Motion For Partial Summary Judgment (the “Motion”) presently noticed for hearing in

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this Court for March 11, 2013 at 9:00 am.

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WHERAS, a settlement conference was conducted in the related matter of Wells Fargo v.

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Holmes, Placer County Superior Court Case No. SCV0029768, on January 18, 2013, which, if

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successful, would have likely led to the resolution of the current matter.

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negotiation the parties reached a settlement, however, counsel for Wells Fargo then withdrew its

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consent for the settlement.

After hours of

Attached hereto as Exhibit A are minutes from the settlement

STIPULATION AND ORDER THEREON CONTINUING HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

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conference prepared by the Judge Pro Tem, including a recommendation to issue an Order to

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Show Cause to Wells Fargo and to consider an award of sanctions.
WHEREAS, Rocklin and Defendant Liberty Insurance Underwriters, Inc. (“Liberty”)

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submit that with some additional time, the Wells Fargo matter is likely to be resolved. That case
is currently set to be tried on February 1, 2013.

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WHEREAS, Rocklin and Liberty desire that the Court continue the hearing to May 6,
2013, a date the parties are informed is available on the Court’s schedule.
WHEREAS, Rocklin and Liberty desire that the due dates for Liberty’s opposition and

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Rocklin’s reply papers be per rule based upon the new hearing date.
WHEREAS, Rocklin and Liberty further desire that the Court continue the

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Status (Pretrial Scheduling) Conference currently set for February 11, 2013 at 9:00 am to
May 6, 2013 also, or to another date convenient for the Court.

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IT IS SO STIPULATED.

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Dated: January 28, 2013

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THE RYAN LAW GROUP
By:

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/s/ Timothy J. Ryan
_________
TIMOTHY J. RYAN
Attorneys for Defendant
LIBERTY INSURANCE
UNDERWRITERS, INC.

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Dated: January 28, 2013

HIRSCH, CLOSSON, MCMILLAN &
SCHROEDER

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By:

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_/s/ Clifford Hirsch_____________
CLIFFORD HIRSCH
Attorneys for Plaintiff
ROCKLIN PARK PLACE
CONDOMINIUMS OWNERS
ASSOCIATION

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STIPULATION AND ORDER THEREON CONTINUING HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

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ORDER
Based upon the above stipulation the hearing on plaintiff’s motion for partial summary

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judgment is continued to May 6, 2013 at 9:00 a.m. The parties’ respective opposition and reply

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papers shall be filed per rule based upon the new hearing date. The Status (Pretrial Scheduling)

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Conference currently set February 11, 2013 is continued to July 8, 2013, at 9:00 a.m. The due
dates for the parties’ Rule 26 disclosures shall be calculated based upon the new Status
Conference date. A joint status report shall be filed fourteen days prior to the hearing.
Date: 1/28/2013

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___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

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STIPULATION AND ORDER THEREON CONTINUING HEARING ON
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

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