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

Filing 218

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 6/1/16 ORDERING that Defendants Umpqua and APC shall have thirty (30) days from 5/20/16, up to and including 6/20/16, to file a responsive pleading in this matter. Plaintiff s' opposition to any such motion will be due thirty (30) days from the date Defendants' motion is filed; and Defendants' reply in support of any such motion will be due fourteen (14) days from the date Plaintiffs' opposition is filed.(Mena-Sanchez, L)

1
2
3
4
5
6

STUART G. GROSS (#251019)
[e-mail]
DANIEL C. GOLDBERG (#287923)
[e-mail]
GROSS & KLEIN LLP
The Embarcadero
Pier 9, Suite 100
San Francisco, CA 94111
t [phone]
f [phone]

7
8
9
10

JOSEPH R. SAVERI (#130064)
[e-mail]
ANDREW M. PURDY (#261912)
[e-mail]
MATTHEW S. WEILER (#236052)
[e-mail]
KEVIN E. RAYHILL (#267496)
[e-mail]
JOSEPH SAVERI LAW FIRM, INC.
555 Montgomery Street, Suite 1210
San Francisco, CA 94111
t [phone]
f [phone]

Attorneys for Plaintiffs the Paskenta Band of Nomlaki Indians
and the Paskenta Enterprises Corporation
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

PASKENTA BAND OF NOMLAKI INDIANS;
and PASKENTA ENTERPRISES
CORPORATION,
Plaintiffs,
v.

CASE NO.: 2:15-cv-00538-MCECMK
STIPULATION AND ORDER FOR
REVISED BRIEFING SCHEDULE

INES CROSBY; JOHN CROSBY; LESLIE
LOHSE; LARRY LOHSE; TED PATA; JUAN
PATA; CHRIS PATA; SHERRY MYERS;
FRANK JAMES; UMPQUA BANK; UMPQUA
HOLDINGS CORPORATION;
CORNERSTONE COMMUNITY BANK;
CORNERSTONE COMMUNITY BANCORP;
JEFFERY FINCK; GARTH MOORE; GARTH
MOORE INSURANCE AND FINANCIAL
SERVICES, INC.; ASSOCIATED PENSION
CONSULTANTS, INC.; HANESS &
ASSOCIATES, LLC; ROBERT M. HANESS;
THE PATRIOT GOLD & SILVER
EXCHANGE, INC.; NORMAN R. RYAN;
GDK CONSULTING LLC; and GREG
KESNER
Defendants.

27
28
GROSS LAW, P.C.
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA
94111

____________________________________________________________________________________________
STIPULATION AND [PROPOSED] ORDER FOR REVISED BRIEFING SCHEDULE; Case No. 2:15-cv-00538-MCE-CMK

WHEREAS, on May 20, 2016, the Paskenta Band of Nomlaki Indians and Paskenta

1
2

Enterprises Corporation (“Plaintiffs”) filed the Third Amended Complaint (“TAC”) in this

3

action;
WHEREAS, any motion to dismiss the TAC by Defendant Umpqua Bank and Umpqua

4
5

Holdings Corporation (“Umpqua”) and Defendant Associated Pension Consultants Inc.

6

(“APC”) would be due on June 6, 2016;
WHEREAS, pursuant to Civil Local Rule 230, Plaintiffs’ opposition to Defendant

7
8

Umpqua’s and/or Defendant APC’s motion to dismiss the TAC would be due, at the latest,

9

fourteen (14) days thereafter, on June 20, 2016;
WHEREAS, pursuant to Civil Local Rule 230, Defendant Umpqua’s and/or Defendant

10
11

APC’s reply to Plaintiffs’ opposition would be due, at the latest, seven (7) days thereafter, on

12

June 27, 2016;
WHEREAS, counsel for Plaintiffs has a previously scheduled oral argument before the

13
14

9th Circuit Court of Appeals set for June 21, 2016, and would be hard-pressed to devote the

15

necessary time and resources to the briefing required in this matter as the briefing schedule now

16

stands;

17

WHEREAS, Defendant Umpqua, Defendant APC, and Plaintiffs, agree that it would be

18

in the best interests of each of these parties to revise the briefing schedule mandated by the

19

applicable rules;

20

IT IS HEREBY STIPULATED, by and between Plaintiffs, on the one hand, and

21

Defendants Umpqua and APC, on the other, by and through their respective counsel, pursuant to

22

Civil Local Rules 143 and 144, and subject to approval by the Court:

23
24
25
26
27
28
GROSS LAW, P.C.
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA
94111

1.

Defendants Umpqua and APC shall have thirty (30) days from May 20, 2016, up

to and including June 20, 2016, to file a responsive pleading in this matter;
2.

If Defendants’ responsive pleading to Plaintiffs’ TAC is in the form of a motion

under Fed. R. Civ. Pro. 12(b):
A.

Plaintiffs’ opposition to any such motion will be due thirty (30) days

from the date Defendants’ motion is filed; and
____________________________________________________________________________________________
STIPULATION AND ORDER FOR REVISED BRIEFING SCHEDULE; Case No. 2:15-cv-00538-MCE-CMK
1

1
2

B.

Defendants’ reply in support of any such motion will be due fourteen (14)

days from the date Plaintiffs’ opposition is filed.

3
4

IT IS HEREBY STIPULATED:

5
6

DATED: May 31, 2016

GROSS & KLEIN LLP

7

By: /s/ Daniel C. Goldberg
Daniel C. Goldberg
Attorneys for Plaintiffs PASKENTA BAND
OF NOMLAKI INDIANS and PASKENTA
ENTERPRISES CORPORATION

8
9
10
11
12

DATED: May 31, 2016

13

REED SMITH, LLP
By: /s/ Kasey J. Curtis (as authorized on 5/31/16)
Kasey J. Curtis
Attorneys for Defendants UMPQUA BANK,
AND UMPQUA HOLDINGS
CORPORATION

14
15
16
17

DATED: May 31, 2016

MURPHY, PEARSON, BRADLEY, & FEENEY

18

By: /s/ William Munoz (as authorized on 5/31/16)
William Munoz
Attorneys for Defendants ASSOCIATED
PENSION CONSULTANTS, INC.

19
20
21
22
23

PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: June 1, 2016

24
25
26
27
28
GROSS LAW, P.C.
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA
94111

____________________________________________________________________________________________
STIPULATION AND ORDER FOR REVISED BRIEFING SCHEDULE; Case No. 2:15-cv-00538-MCE-CMK
2