Cloud v. Van Ness et al

Filing 41

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: [phone]
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: [phone]
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