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

Filing 554

STIPULATION AND ORDER signed by Senior Judge Morrison C. England, Jr. on 3/31/2022 ORDERING that Plaintiff Paskenta Band of Nomlaki Indians is relieved from any further obligations under the Court's 10/19/2017 Order Staying Enforcement of Fee Award. Plaintiffs' 543 Motion to Release Plaintiff From Obligations pursuant to said Order is accordingly DENIED as moot. (Mena-Sanchez, L)

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STUART G. GROSS (#251019)
[e-mail]
GEORGE A. CROTON (#323766)
[e-mail]
GROSS & KLEIN LLP
The Embarcadero
Pier 9, Suite 100
San Francisco, CA 94111
t [phone]
f [phone]

JOSEPH R. SAVERI (#130064)
[e-mail]
CHRISTOPHER K.L. YOUNG (#318371)
[e-mail]
JOSEPH SAVERI LAW FIRM, INC.
555 Montgomery Street, Suite 1210
San Francisco, CA 94111
t [phone]
f [phone]

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Attorneys for Plaintiffs the Paskenta Band of Nomlaki Indians
and the Paskenta Enterprises Corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GROSS & KLEIN LLP
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

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PASKENTA BAND OF NOMLAKI INDIANS;
and PASKENTA ENTERPRISES
CORPORATION,

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Plaintiffs,

Case No. 15-cv-00538-MCE-DMC
PARTIES’ STIPULATION AND
ORDER RE RELEASE OF
UNDERTAKING

v.

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INES CROSBY; et al.
Defendants.

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PARTIES’ STIPULATION AND ORDER RE RELEASE OF UNDERTAKING; Case No. 15-cv-00538-MCE-DMC

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This stipulation is entered into by Plaintiffs the Paskenta Band of Nomlaki Indians and the

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Paskenta Enterprises Corporation (the “Tribe”) and Defendants Cornerstone Community Bank,

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Cornerstone Community Bancorp, and Jeffrey Finck ( “Cornerstone”); and Umpqua Bank;

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Umpqua Holdings Corp. ( “Umpqua”) (collectively, the “Parties”), by and through their

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respective counsel:

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1.

WHEREAS, on July 27, 2017, this Court entered its Fee Order awarding

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attorney’s fees and costs to the Cornerstone, Umpqua, Moore, and APC (Docket Nos. 383, 385,

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386, and 387). Docket No. 433;

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2.

WHEREAS, on October 19, 2017, this Court entered its Order Staying

Enforcement of Fee Award. Pursuant to the Order Staying Enforcement of Fee Award, the Tribe

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was required to maintain, until further order by the Court following disposition of the Tribe’s

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GROSS & KLEIN LLP
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

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appeals, cash and marketable securities worth at least 125% of the fees and costs awarded in a

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specified investment account, and to serve Cornerstone, Umpqua, Moore, and APC with a

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quarterly sworn confirmation that the account contained the required amount. Docket No. 448;

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3.

WHEREAS, the Tribe previously brought a “Motion to Release Plaintiff from

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Obligations Under October 19, 2017 Order (Dkt. No. 448) Staying Enforcement of Fee Award, as

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Subject Fees and Costs Have Been Paid” (See Dkt. No. 543). Cornerstone and Umpqua opposed

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the Motion—no other Defendant opposed. Cornerstone and Umpqua now agree that all fees and

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costs owed have been paid in full and do not object to the release of the Tribe’s obligations under

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the Court’s October 19, 2017 Order.

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4.

WHEREAS, the Tribe has paid in full to the Cornerstone, Umpqua, Moore, and

APC all attorney’s fees and costs incurred and awarded by the trial court and the Court of Appeal;
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WHEREAS, the Parties agree that because the fees and costs awarded have been

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paid to Cornerstone, Umpqua, Moore, and APC, the Order Staying Enforcement of Fee Award is

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now moot;

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

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undersigned, that the Tribe is hereby relieve from any further obligations under the Court’s

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October 19, 2017 Order Staying Enforcement of Fee Award.
PARTIES’ STIPULATION AND ORDER RE RELEASE OF UNDERTAKING; Case No. 15-cv-00538-MCE-DMC
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Respectfully submitted,
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Dated: March 28, 2022

GROSS & KLEIN LLP

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By:

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/s/ Stuart G. Gross
STUART G. GROSS

Attorneys for Plaintiffs the Paskenta Band of
Nomlaki Indians and the Paskenta Enterprises
Corporation

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Dated: March 31, 2022

REED SMITH LLP

GROSS & KLEIN LLP
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

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By:
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/s/ Kasey Curtis (authorized 3/22/22)
Kasey Curtis

Attorneys for Defendants Umpqua Bank and
Umpqua Holdings Corporation.

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Dated: March 31, 2022

FRIEDMANN GOLDBERG, LLP

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By:

/s/ John F. Friedemann (authorized 3/25/22)
John F. Friedemann

Attorneys for Defendants Cornerstone Community
Bank, Cornerstone Community Bancorp, and Jeffery
Finck

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PARTIES’ STIPULATION AND ORDER RE RELEASE OF UNDERTAKING; Case No. 15-cv-00538-MCE-DMC
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ORDER
Pursuant to the Parties’ stipulation, Plaintiff Paskenta Band of Nomlaki Indians is hereby

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relieved from any further obligations under the Court’s October 19, 2017 Order Staying

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Enforcement of Fee Award. Plaintiffs’ Motion to Release Plaintiff From Obligations pursuant to

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said Order (ECF No. 543) is accordingly DENIED as moot.

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IT IS SO ORDERED.

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Dated: March 31, 2022

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GROSS & KLEIN LLP
THE EMBARCADERO
PIER 9, SUITE 100
SAN FRANCISCO, CA 94111

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PARTIES’ STIPULATION AND ORDER RE RELEASE OF UNDERTAKING; Case No. 15-cv-00538-MCE-DMC
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