Ribeiro-Sunglow LLC, et al v. Umpqua Bank

Filing 17

ORDER signed by District Judge John A. Mendez on 9/12/2016 ORDERING Disclosure of Expert Witnesses due by 2/13/2017, Supplemental Expert Disclosure by 2/27/2017; Joint Mid-Litigation Statement by 2/27/2017; Discovery due by 3/6/2017; Dispositive Mot ions filed by 4/18/2017, Date for hearing on all dispositive motions for 5/16/2017 at 1:30; Joint Pretrial Statement by 6/30/2017; Final Pretrial Conference set for 7/7/2017 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; and Court Trial set for 8/28/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Reader, L)

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JAMES J. BANKS (SBN 119525)
W. DAVID CORRICK (SBN 171827)
BANKS & WATSON
901 F Street, Suite 200
Sacramento, CA 95814-0733
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs/Counterclaim-Defendants,
RIBEIRO-SUNGLOW, LLC, a Nevada
Limited Liability Company; and
RIBEIRO CALIFORNIA II, LLC, a
Nevada Limited Liability Company
DOUGLAS H. KRAFT (State Bar No. 155127)
JOHN H. McCARDLE (State Bar No. 155115)
KRAFT OPICH, LLP
7509 Madison Avenue, Suite 111
Citrus Heights, California 95610
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant/Counter-Claimant,
UMPQUA BANK, an Oregon state chartered bank

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RIBEIRO-SUNGLOW, LLC, a Nevada Limited
Liability Company; and RIBEIRO CALIFORNIA
II, LLC, a Nevada Limited Liability Company,
Plaintiffs,

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Case No.: 2:15-cv-01853-JAM-AC
STIPULATION FOR ORDER TO MODIFY
PRE-TRIAL SCHEDULING ORDER;
ORDER
[FRCP 16(B)(4)]

v.
UMPQUA BANK, a Bank Organized Under the
Laws of the State of Oregon,

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THE HONORABLE JOHN A. MENDEZ

Defendant.

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Plaintiffs RIBEIRO-SUNGLOW, LLC, a Nevada Limited Liability Company, and RIBEIRO

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CALIFORNIA II, LLC, a Nevada Limited Liability Company, and defendant UMPQUA BANK, by and

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through their respective undersigned counsel respectfully submit the following Stipulation for Order to

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Modify Pre-Trial Scheduling Order and [Proposed] Order pursuant to FRCP 16(b)(4). For good cause as
{00079891.DOCX; 1}

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STIPULATION TO MODIFY STATUS (PRE-TRIAL
SCHEDULING) ORDER; [PROPOSED] ORDER

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shown herein, the parties seek an extension of at least 150-days of all remaining deadlines set forth in the

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Pre-Trial Scheduling Order as delineated, infra.

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WHEREAS, Plaintiffs filed this action to obtain recovery of two parcels of real property situated
in El Dorado Hills, California, from Defendant;
WHEREAS, Defendant holds title to the two parcels pursuant to a purchase at a trustee’s sale held
on or about August 15, 2011;
WHEREAS, the parties dispute the lawfulness and validity of the trustee’s sale which resulted in
the transfer of title in the two parcels to Defendant;
WHEREAS, Defendant filed a cross-complaint to quiet title in the two parcels to itself;

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WHEREAS, the Court issued a Pre-Trial Scheduling Order on December 7, 2015;

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WHEREAS, this case involves complex real estate title issues which bear upon multiple properties

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and involve varied issues and interests;

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WHEREAS, Johnny R. Ribeiro is a principal owner in RIBEIRO-SUNGLOW, LLC;

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WHEREAS, UMPQUA BANK brought a prior arbitration action against Johnny R. Ribeiro, in his

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individual capacity and as trustee of the Johnny R. Ribeiro Separate Trust, for breach of contract and for

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monies had and received pursuant to Johnny R. Ribeiro’s personal guarantee of two real estate loans made

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to Ribeiro-Commerce, LLC, RIBEIRO-SUNGLOW, LLC, and RIBEIRO CALIFORNIA II, LLC, in

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which UMPQUA BANK obtained a judgment in the amount of $7,417,564.42;

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WHEREAS, the arbitration judgment was entered in the District Court of Clark County, Nevada
on November 15, 2013;
WHEREAS, the parties are attempting to negotiate a global resolution of this case and the prior
judgment;
WHEREAS, the parties convened for a settlement meeting on September 7, 2016, and agreed to
diligently pursue global resolution of both matters;

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WHEREAS, the success of the agreed plan for global resolution hinges upon unraveling highly

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complex title issues, procuring the cooperation of Fidelity National Title Company to voluntarily correct

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title errors it made in 2008, performing a thorough examination of Johnny R. Ribeiro’s exceedingly

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{00079891.DOCX; 1}

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STIPULATION TO MODIFY STATUS (PRE-TRIAL
SCHEDULING) ORDER; [PROPOSED] ORDER

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complex financial affairs, and obtaining approval of a proposed global resolution through multiple levels

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of UMPQUA BANK hierarchy;

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WHEREAS, the time required for performance of the tasks necessary to successfully effectuate a
global resolution exceeds the time allotted under the terms of the Pre-Trial Scheduling Order;
WHEREAS, a global resolution would not only resolve this litigation, but would also obviate the
need for further litigation in the future;
WHEREAS, good cause exists, the parties seek an order modifying the remaining dates set forth in
the Pre-Trial Scheduling Order as follows:
Event
Disclosure of Expert Witnesses
Supplemental Expert Disclosure
L/D to File Joint Mid-Litigation Statement
All Discovery to be Completed
All Dispositive Motions to Be Filed
Date for Hearing on all Dispositive Motions
L/D to File Joint Pretrial Statement
Final Pre-Trial Conference
Court Trial

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Dated: September 9, 2016

New Date
Feb. 13, 2017
Feb. 27, 2017
Feb. 27, 2017
Mar. 6, 2017
Apr. 18, 2017
May 16, 2017
(1:30 p.m.)
Jun. 30, 2017
Jul. 7, 2017
(10:00 a.m.)
Aug. 28, 2017
(9:00 a.m.)

BANKS & WATSON
By: /s/ James J. Banks
JAMES J. BANKS,
Attorneys for Plaintiffs
RIBEIRO-SUNGLOW, LLC, and
RIBEIRO CALIFORNIA II, LLC

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Current Date
Sep. 16, 2016
Sep. 23, 2016
Sep. 23, 2016
Oct. 7, 2016
Nov. 15, 2016
Dec. 13, 2016
(1:30 p.m.)
Jan. 27, 2017
Feb. 3, 2017
(10:00 a.m.)
Mar. 27, 2017

Dated: September 9, 2016

KRAFT OPICH, LLP
By: /s/ John McCardle
DOUGLAS H. KRAFT,
Attorneys for Defendant UMPQUA BANK

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{00079891.DOCX; 1}

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STIPULATION TO MODIFY STATUS (PRE-TRIAL
SCHEDULING) ORDER; [PROPOSED] ORDER

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ORDER (AS MODIFIED BY THE COURT)

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GOOD CAUSE appearing therefore, SO ORDERED.

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DATED: 9/12/2016

/s/ John A. Mendez____________
JOHN A. MENDEZ
United States District Court Judge

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{00079891.DOCX; 1}

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STIPULATION TO MODIFY STATUS (PRE-TRIAL
SCHEDULING) ORDER; [PROPOSED] ORDER