Federal Deposit Insurance Company v. Ching et al

Filing 301

ORDER RE: DEPOSIT INTO COURT REGISTRY signed by District Judge Kimberly J. Mueller on 08/08/17 ORDERING that that Defendants may deposit with the registry of this Court $2,813,499.47. The Deposit shall be held by the registry of the Court, and r emain subject to General Order 573, unless and until submission of a joint stipulation by the FDIC-R and Defendants for disbursement, and/or upon issuance of further order from the Court as necessary to authorize any disbursement of the Deposit purs uant to the terms of the Stipulation. Pursuant to the Stipulation, the FDIC-R and Defendants shall file a new joint stipulation for stay of execution of judgment within 3 days of Defendants' Deposit. Plaintiff and Defendants reserve and do not waive any right to appeal the Judgment, the Verdict, or any other order of this Court (cc: Financial). (Benson, A.)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 ELIOT S. JUBELIRER (SBN 61654) ejubelirer@schiffhardin.com JEAN-PAUL P. CART (SBN 267516) jcart@schiffhardin.com SCHIFF HARDIN LLP One Market Spear Street Tower, Suite 3100 San Francisco, CA 94105 Telephone: 415.901.8700 Facsimile: 415.901.8701 KEVIN D. HUGHES CA State Bar No. 188749 FOUNDATION LAW GROUP LLP 1999 Avenue of the Stars, Suite 1100 Los Angeles, CA 90067 Telephone: 424.253.1266 Facsimile: 424.253.1101 Attorneys for Defendants Robert Ching, Eugene Even, Donald Leforce, Luther McLaughlin, Robert Morgan, James Rickards, Gary Strauss, Hubert Townshend, John Coger and Keith Robbins ANTONY S. BURT (admitted pro hac vice) aburt@schiffhardin.com LAWRENCE H. HEFTMAN (admitted pro hac vice) lheftman@schiffhardin.com SCHIFF HARDIN LLP 233 South Wacker Drive Suite 6600 Chicago, IL 60606 Telephone: 312.258.5500 Facsimile: 312.258.5600 Attorneys for Plaintiff Federal Deposit Insurance Corporation as Receiver for Butte Community Bank 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 19 20 FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR BUTTE COMMUNITY BANK, 23 24 25 26 27 Assigned to Hon. Kimberly J. Mueller Plaintiff, 21 22 Case No. 2:13-cv-01710-KJM-EFB v. ORDER RE: DEPOSIT INTO COURT REGISTRY ROBERT CHING, EUGENE EVEN, DONALD LEFORCE, ELLIS MATTHEWS, LUTHER McLAUGHLIN, ROBERT MORGAN, JAMES RICKARDS, GARY STRAUSS, HUBERT TOWNSHEND, JOHN COGER AND KEITH ROBBINS, Defendants. 28 -1- ORDER PERMITTING DEPOSIT INTO COURT REGISTRY 1 Pursuant to Plaintiff Federal Deposit Insurance Corporation as Receiver for Butte 2 Community Bank (the “FDIC-R”) and Defendants Robert Ching, et al.’s (“Defendants”) Joint 3 Stipulation for Order Permitting Deposit to Court Registry (the “Stipulation”), it is HEREBY 4 ORDERED that Defendants may deposit with the registry of this Court $2,813,499.47 (the 5 “Deposit”). 6 The Deposit shall be held by the registry of the Court, and remain subject to General 7 Order 573, unless and until submission of a joint stipulation by the FDIC-R and Defendants for 8 disbursement, and/or upon issuance of further order from the Court as necessary to authorize any 9 disbursement of the Deposit pursuant to the terms of the Stipulation. 10 11 12 Pursuant to the Stipulation, the FDIC-R and Defendants shall file a new joint stipulation for stay of execution of judgment within three (3) days of Defendants’ Deposit. By entering into the Stipulation, Plaintiff and Defendants reserve and do not waive any 13 right to appeal the Judgment, the Verdict, or any other order of this Court. 14 DATED: August 8, 2017. 15 16 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 -2- ORDER PERMITTING DEPOSIT INTO COURT REGISTRY

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