Paskenta Band of Nomlaki Indians et al v. Crosby et al

Filing 135

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/1/15 re: 133 ORDERING Leave to Amend. (Meuleman, A)

1 Stuart G. Gross (State Bar No. 251019)
Daniel C. Goldberg (State Bar No. 287923)
2 GROSS LAW, P.C.
The Embarcadero
3 Pier 9, Suite 100
San Francisco, CA 94111
[phone]
4 Telephone:
Facsimile:
[phone]
5 [e-mail]
[e-mail]
6
Attorneys for Plaintiffs
7 [Additional Attorneys on signature page]

Joseph R. Saveri (State Bar No. 130064)
Andrew M. Purdy (State Bar No. 261912)
JOSEPH SAVERI LAW FIRM, INC.
505 Montgomery Street, Suite 625
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

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9

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

12 PASKENTA BAND OF NOMLAKI INDIANS;
and PASKENTA ENTERPRISES
13 CORPORATION,
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STIPULATION AND ORDER FOR LEAVE
TO AMEND

Plaintiffs,
[Local Rule 144(a)]
vs.

16 INES CROSBY; JOHN CROSBY; LESLIE
LOHSE; LARRY LOHSE; TED PATA; JUAN
17 PATA; CHRIS PATA; SHERRY MYERS;
FRANK JAMES; UMPQUA BANK; UMPQUA
18 HOLDINGS CORPORATION; GARTH
MOORE; GARTH MOORE INSURANCE AND
19 FINANCIAL SERVICES, INC.; ASSOCIATED
PENSION CONSULTANTS, INS.,; HANESS &
20 ASSOCIATES, LLC; ROBERT M. HANESS;
THE PATRIOT GOLD & SILVER
21 EXCHANGE, INC.; and NORMAN R. RYAN,
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CASE NO.: 2:15-cv-00538-GEB-CMK

Compl. Filed:

March 10, 2015

The Honorable Garland E. Burrell, Jr.
Magistrate Judge Craig M. Kellison

Defendants.

23 QUICKEN LOANS INC.,
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2:15-cv-00538-GEB-CMK
STIPULATION AND ORDER FOR LEAVE TO AMEND

STIPULATION

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Plaintiffs Paskenta Bank of Nomlaki Indians and Paskenta Enterprises Corporation

3 (“Plaintiffs”), Defendants Ines Crosby, et. al. (collectively, “Defendants”) enter into this Stipulation
4 through their respective counsel, with respect to the following facts:
RECITALS

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6

1.

On August 14, 2015 the Court granted in part and denied in part Umpqua’s motion to

7 dismiss the First Amended Complaint. Plaintiffs filed their Second Amended Complaint on
8 September 25, 2015, and Defendants have until November 2, 2015 to file their response to the SAC;
9

2.

Plaintiffs noticed the deposition of three witnesses of Umpqua Bank and Umpqua

10 Holdings Corporation (“Umpqua”) to take place prior to the September 25, 2015 deadline for
11 Plaintiffs to file their Second Amended Complaint;
12

3.

Two of the three depositions took place on September 9, 2015. However, because the

13 third witness is currently out on medical leave and will remain on medical leave until at least the
14 beginning of October, Umpqua is presently unable to make the third witnesses available;
15

4.

Counsel for the parties have tentatively scheduled the third witness’s deposition for

16 October 8th or 9th, 2015—shortly after the third witness is scheduled to return from medical leave.
17 Assuming the third witness returns from leave as scheduled and is medically cleared to proceed with
18 the deposition, the parties plan to proceed with the witness’s deposition on October 8th or 9th, 2015.
19 Further, Plaintiffs shall have until October 16, 2015 to file a Third Amended Complaint and on that
20 date will provide a redline identifying all changes between the Second Amended Complaint and the
21 Third Amended Complaint. Plaintiffs agree that any Third Amended Complaint: (1) will not add or
22 amend allegations relating to any of the Defendants other than Umpqua, except to the extent that
23 such new or amended allegations relating to Umpqua involve other Defendants; (2) will maintain the
24 same paragraph numbering as the Second Amended Complaint; and that (3) Defendants shall have
25 21 days to respond.
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5.

In the event the witness does not return from leave as scheduled or is not medically

27 cleared to proceed on October 8th or 9th, the Parties have agreed to work together to schedule the
28 witness’s deposition as soon thereafter as reasonably practicable. The parties will also work
2:15-cv-00538-GEB-CMK

–1–

STIPULATION AND ORDER FOR LEAVE TO AMEND

1 together on a subsequent stipulation that will propose modifying the current scheduling deadlines to
2 ensure that: (1) Plaintiffs have one week after taking the witness’s deposition to file a Third
3 Amended Complaint; and (2) Defendants’ deadline to respond to the operative complaint is extended
4 sufficiently to ensure that Defendants are not required to respond to the Second Amended Complaint
5 unless Plaintiffs have made the decision to forgo filing a Third Amended Complaint. Plaintiffs shall
6 notify Defendants of whether or not they intend to file a Third Amended Complaint no less than two
7 weeks prior to the deadline for responding to the Second Amended Complaint.
8

IT IS THEREFORE STIPULATED AND AGREED by the Parties, through the

9 undersigned, subject to Court approval that:
10

1.

In the event the deposition of the third witness proceeds on October 8th or 9th, 2015,

11 Plaintiffs may file a Third Amended Complaint on or before October 16, 2015 and on that date will
12 provide a redline identifying all changes between the Second Amended Complaint and the Third
13 Amended Complaint. Any Third Amended Complaint: (1) will not add or amend allegations
14 relating to any of the Defendants other than the Umpqua, except to the extent that such new or
15 amended allegations relating to Umpqua involve other Defendants; (2) will maintain the same
16 paragraph numbering as the Second Amended Complaint; and that (3) Defendants shall have 21 days
17 to respond any Third Amended Complaint.
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2.

In the event the deposition of the third witness does not proceed on October 8th or

19 9th, 2015, the Parties will work together to prepare and submit a stipulation and proposed order that
20 will propose modifying the scheduling deadlines in a manner consistent with Paragraph 5 above.
21 The stipulation and proposed order (or a joint report explaining why no stipulation could be reached)
22 shall be submitted no later than October 16, 2015.
23 DATED: October 1, 15

GROSS LAW, P.C.

24
By:/s/Stuart G. Gross
Stuart G. Gross
Attorneys for Plaintiffs PASKENTA BAND OF
NOMLAKI INDIANS and PASKENTA
ENTERPRISES CORPORATION

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2:15-cv-00538-GEB-CMK

–2–

STIPULATION AND ORDER FOR LEAVE TO AMEND

1 DATED: October 1, 15

KEKER & VAN NEST, LLP.

2

By:/s/ Ben Hur (by authorization on October 1, 15)
Ben Hur
Attorneys for Defendants INES CROSBY, JOHN
CROSBY, LESLIE LOHSE, LARRY LOHSE, TED
PATA, JUAN PATA, CHRIS PATA, SHERRY
MYERS, and FRANK JAMES

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DATED: October 1, 15

LIBERTY LAW, A.P.C.
By:

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/S/ John M. Murray (by authorization on October 1, 15)
John M. Murray
Attorneys for Defendants THE PATRIOT GOLD &
SILVER EXCHANGE, INC., and NORMAN R.
RYAN

11 DATED: October 1, 15

REED SMITH, LLP

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By:/S/ Kasey Curtis (by authorization on October 1, 15)
Kasey Curtis
Attorneys for Defendants UMPQUA BANK, AND
UMPQUA HOLDINGS CORPORATION

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DATED: October 1, 15

KLINEDINST

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By:/S/ Natalie Vance (by authorization on October 1, 15)
Natalie Vance
Attorneys for Defendants GARTH MOORE, AND
GARTH MOORE INSURANCE AND
FINANCIAL SERVICES, INC.

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21 DATED: October 1, 15

MURPHY, PEARSON, BRADLEY, & FEENEY

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By:/S/ Robert Lucase (by authorization on October 1, 15)
Robert Lucas
Attorneys for Defendant ASSOCIATED
PENSION CONSULTANTS, INC.

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2:15-cv-00538-GEB-CMK

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STIPULATION AND ORDER FOR LEAVE TO AMEND

1 DATED: October 1, 15

DOWNEY BRAND LLP

2
By:/S/ Meghan M. Baker (by authorization on October 1, 15)
Meghan M. Baker
Attorneys for Defendants HANESS &
ASSOCIATES, LLC, AND ROBERT M.
HANESS

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DATED: October 1, 15

KRAFT OPITCH, LLP

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By:/S/ John McCardle (by authorization on October 1, 15)
John McCardle
Attorneys for Defendants CORNERSTONE
COMMUNITY BANK, CORNERSTONE
COMMUNITY BANCORP, AND JEFFERY
FINCK

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: October 1, 2015

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2:15-cv-00538-GEB-CMK

–4–

STIPULATION AND ORDER FOR LEAVE TO AMEND