Cloud v. Van Ness et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 3/14/17 ORDERING that the Court's Order scheduling a settlement conference in this matter for March 16, 2017 be and hereby is VACATED.(Becknal, R)
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GREGORY F. DYER, SBN 114486
KRISTEN K. PRESTON, SBN 125455
JONES & DYER
A Professional Corporation
1800 J Street
Sacramento, CA 95811
Telephone: 916-552-5959
Facsimile: 916-442-5959
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Attorneys for Plaintiff
Kristine Cloud as Trustee
of the Dorothy I. Gavle Revocable Trust
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WESLEY C.J. EHLERS, SBN 181537
EHLERS LAW CORPORATION
2600 Capitol Avenue, Suite 300
Sacramento, CA 95816
Telephone: 916-442-0300
Facsimile: 916-650-1039
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Attorneys for Defendant Daryl Van Ness
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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KRISTINE CLOUD AS TRUSTEE
OF THE DOROTHY I. GAVLE
REVOCABLE TRUST,
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Plaintiff,
Case No. 2:14-CV-02308-TLN-AC
NOTICE OF MOTION AND
STIPULATION FOR ORDER TO
VACATE SETTLEMENT CONFERENCE
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vs.
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DARYL VAN NESS, ROUND PRAIRIE
LUTHERAN CHURCH and DOES 1-100,
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Date: March 16, 2017
Time: 9:00 a.m.
Courtroom: 26
Defendants.
Magistrate Judge Allison Claire
Trial Date: 10/30/2017
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COMES NOW, Plaintiff Kristine Cloud as Trustee of the Dorothy I. Gavle Revocable
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Trust and Defendant Daryl Van Ness, by and through their respective counsel, and hereby
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submit by stipulation a Motion for Order to vacate this Court’s order to appear at Settlement
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Conference on March 16, 2017 (ECF. No. 39), as follows:
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NOTICE OF MOTION AND STIPULATION TO VACATE ORDER FOR SETTLEMENT
CONFERENCE
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(1) Farmers & Merchant Bank, a defendant in a related state court action filed by
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plaintiff in Sacramento County Superior Court (Case No. 34-2014-00162133 currently on
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appeal before the Third District Court of Appeal Case No. C077303) had through its counsel of
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record Lauren Wroblewski of Morrison and Foerster agreed to participate in the settlement
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conference before Magistrate Judge Claire. In reliance on this representation, the parties to this
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action submitted a stipulation requesting an order scheduling a settlement conference with
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Magistrate Judge Allison Claire. (ECF 33.)
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(2) Subsequent to this Court’s order scheduling the requested settlement conference for
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March 16, 2017, counsel for Farmer’s & Merchant Bank notified plaintiff that Farmer’s &
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Merchant Bank and/or its counsel are unavailable to appear on the date and time scheduled for
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the conference.
(3) Counsel for Farmers & Merchant Bank has now requested that the parties participate
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in private mediation.
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(4) The parties anticipate that the parties will pursue private mediation in May 2017.
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(5) The parties were informed by the Court that, in the event the matter does not settle at
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private mediation, a settlement conference before Magistrate Judge Claire may be scheduled
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September 28, October 5, or October 12, 2017.
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NOTICE OF MOTION AND STIPULATION TO VACATE ORDER FOR SETTLEMENT
CONFERENCE
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THERFORE, THE PARTIES, by and through their counsel of record, that good cause
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therefore request that the Court issue an order vacating this Court’s order to appear at
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Settlement Conference on March 16, 2017 (ECF. No. 39).
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DATED: March 13, 2017
JONES & DYER
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By:____/s/ Gregory F. Dyer
GREGORY F. DYER
KRISTEN K. PRESTON
Attorneys for Plaintiff
Kristine Cloud as Trustee of the
Dorothy I. Gavle Revocable Trust
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DATED: March 13, 2017
EHLERS LAW CORPORATION
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By:
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/s/ Wesley C. J. Ehlers
WESLEY C.J. EHLERS
Attorneys Defendant
Daryl Van Ness
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NOTICE OF MOTION AND STIPULATION TO VACATE ORDER FOR SETTLEMENT
CONFERENCE
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On the stipulation of the parties, and good cause appearing therefore,
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IT IS HEREBY ORDERED that the Court’s Order scheduling a settlement conference in this
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matter for March 16, 2017 be and hereby is VACATED.
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DATED: March 14, 2017
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NOTICE OF MOTION AND STIPULATION TO VACATE ORDER FOR SETTLEMENT
CONFERENCE
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