United States of America v. EDF Resource Capital, Inc., et al

Filing 96

ORDER signed by Judge Lawrence K. Karlton on 10/30/13 ORDERING that the Scheduling Conference will be held on 4/14/2014 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Mena-Sanchez, L)

1 STUART F. DELERY
Assistant Attorney General
2 J. CHRISTOPHER KOHN
ROBERT E. KIRSCHMAN, JR.
3 DAVID S. KLONTZ
VICTOR W. ZHAO
4 Commercial Litigation Branch, Civil Division
United States Department of Justice
5 P. O. Box 875
Ben Franklin Station
6 Washington, D.C. 20044
Telephone: [phone]
7 Facsimile: [phone]
[e-mail]
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9 BENJAMIN B. WAGNER
United States Attorney
10 KELLI L. TAYLOR
Assistant United States Attorney
11 501 I Street, Suite 10-100
Sacramento, CA 95814
12 Telephone: [phone]
Facsimile: [phone]
13 [e-mail]
14 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, on behalf of
its agency, the U.S. SMALL BUSINESS
ADMINISTRATION,

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CASE NO. 2:13-cv-1158 LKK EFB
Amended Stipulation On Revised And Agreed
Deadlines And Hearing Dates; Order

Plaintiff,
COURTROOM: 4
JUDGE:
Hon. Lawrence K. Karlton

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vs.

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EDF RESOURCE CAPITAL, INC. and
REDEMPTION RELIANCE, LLC,

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Defendants.
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Plaintiff and Counter-Defendant United States of America; Defendant, Counter-Claimant and

28 Third Party Claimant EDF Resource Capital, Inc. (EDF); Defendant Redemption Reliance, LLC
AMENDED STIPULATION AS TO
SCHEDULING

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1 (Redemption, collectively with EDF and United States, “Current Parties”); Third-Party Defendant Brent
2 M. Ciurlino; and Proposed Intervenor, Frank Dinsmore, through their respective counsel of record,
3 stipulate and agree as follows:
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1.

On October 9, 2013, the Court issued an order, directing the parties to meet and confer

5 and submit a joint stipulation setting forth a proposed schedule for (i) hearings on the pending motions,
6 (ii) submission of any opposition or reply briefs that remain due on these motions, and (iii) the initial
7 scheduling conference herein.
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2.

On October 28, 2013, the above-referenced parties met and conferred telephonically

9 pursuant to the Court’s order and have agreed on the following schedule, if permitted by the Court.
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Date / Deadline
February 10, 2014

Hearing on the following procedural motions: (i) Mr.
Dinsmore’s motion to intervene [ECF No. 68]; (ii)
Mr. Dinsmore’s motion for a hearing before a district
court judge [ECF No. 70]; and (iii) EDF and
Redemption’s motion for a hearing before a district
court judge [ECF No. 62]

February 17, 2014

Mr. Ciurlino must answer or otherwise respond to
EDF’s third-party claim

March 3, 2014

EDF must file its opposition, if any, to United States’
motion to dismiss [ECF No. 90]; EDF must file its
opposition, if any, to Mr. Ciurlino’s motion to
dismiss, if applicable

March 10, 2014

United States must file its reply, if any, in support of
its motion to dismiss [ECF No. 90]; Mr. Ciurlino
must file his reply, if any, in support of his motion to
dismiss, if applicable

March 17, 2014

Hearing on United States’ motion to dismiss [ECF
No. 90] and, if applicable, Mr. Ciurlino’s motion to
dismiss

March 31, 2014

Remaining parties must submit status reports
pursuant to Order Setting Status Conference [ECF
No. 49] at ¶ 8; remaining parties must submit joint
discovery report pursuant to Fed. R. Civ. P. 26(f)

April 14, 2014

Status Hearing

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Item

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AMENDED STIPULATION AS TO
SCHEDULING

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DATED: October 30, 2013

STUART F. DELERY
Assistant Attorney General

Of Counsel
Eric Benderson
Gary Fox
Christine Nell
Office of the General Counsel
Small Business Administration

By: /s/ Victor W. Zhao
J. Christopher Kohn
Robert E. Kirschman, Jr.
David S. Klontz
Victor W. Zhao
Commercial Litigation Branch, Civil Division
United States Department of Justice

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ATTORNEYS FOR THE UNITED STATES
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DATED: October 30, 2013

GREENBERG TRAURIG, LLP

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By: /s/ Jerry Stouck
Kurt A. Kappes
Jerry Stouck
David P. Callet
Stephen E. Paffrath

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ATTORNEYS FOR DEFENDANTS
EDF RESOURCE CAPITAL, INC. AND
REDEMPTION RELIANCE, LLC

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DATED: October 30, 2013

BRADLEY ARANT BOULT CUMMINGS, LLP

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Of Counsel
James P. Mayo
SEGAL & KIRBY LLP

By: /s/ Stephen R. Spivack
Stephen R. Spivack
Daniel P. Golden

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ATTORNEYS FOR PROPOSED INTERVENOR
FRANK F. DINSMORE

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DATED: October 30, 2013

US SMALL BUSINESS ADMINISTRATION
By: /s/ Erika V. Hoppes
Erika V. Hoppes

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ATTORNEY FOR BRENT M. CIURLINO
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ORDER

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The scheduling conference will be held on April 14, 2014 at 10:00 a.m.
IT IS SO ORDERED.
Dated: October 30, 2013

___________________________

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AMENDED STIPULATION AS TO
SCHEDULING

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