Ribeiro-Sunglow LLC, et al v. Umpqua Bank

Filing 20

STIPULATION and ORDER signed by District Judge John A. Mendez on 4/12/17 ORDERING that Designation of Expert Witnesses due 6/13/2017, Supplemental Expert Disclosure due 6/27/2017, Joint Mid-Litigaiton Statement to be filed by 6/27/2017, All Disco very to be Completed by 7/11/2017, Dispositive Motions to be filed by 8/22/2017, Date for Hearing on all Dispositive Motions is 9/19/2017 at 1:30 p.m., Joint Pretrial Statement to be filed by 10/27/2017. Final Pretrial Conference SET for 11/3/2017 at 10:00 AM, and Trial SET for 1/8/2018 at 09:00 AM, BOTH in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 JAMES J. BANKS (SBN 119525) W. DAVID CORRICK (SBN 171827) BANKS & WATSON 901 F Street, Suite 200 Sacramento, CA 95814-0733 Tel: (916) 325-1000 Fax: (916) 325-1004 Email: jbanks@bw-firm.com Email: dcorrick@bw-firm.com 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 (SBN 155127) JOHN H. McCARDLE (SBN 155115) KRAFT OPICH, LLP 7509 Madison Avenue, Suite 111 Citrus Heights, CA 95610 Tel: (916) 880-3040 Fax: (916) 880-3045 Email: dkraft@kraftopich.com Email: jmccardle@kraftopich.com Attorneys for Defendant/Counter-Claimant, UMPQUA BANK, an Oregon state chartered bank 15 16 IN THE UNITED STATES DISTRICT COURT 17 FOR THE EASTERN DISTRICT OF CALIFORNIA 18 19 RIBEIRO-SUNGLOW, LLC, a Nevada Limited Liability Company; and RIBEIRO CALIFORNIA II, LLC, a Nevada Limited Liability Company, Plaintiffs, 20 21 22 Case No.: 2:15-cv-01853-JAM-AC SECOND 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, 23 THE HONORABLE JOHN A. MENDEZ Defendant. 24 25 Plaintiffs RIBEIRO-SUNGLOW, LLC, a Nevada Limited Liability Company, and RIBEIRO 26 CALIFORNIA II, LLC, a Nevada Limited Liability Company, and defendant UMPQUA BANK, by and 27 through their respective undersigned counsel respectfully submit the following Stipulation for Order to 28 Modify Pre-Trial Scheduling Order and [Proposed] Order pursuant to FRCP 16(b)(4). For good cause as {00082134.DOCX; 1} 1 SECOND STIPULATION TO MODIFY STATUS (PRE-TRIAL SCHEDULING) ORDER; [PROPOSED] ORDER 1 shown herein, the parties seek an extension of 150-days of all remaining deadlines set forth in the 2 Pre-Trial Scheduling Order as delineated, infra. 3 4 5 6 7 8 9 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; 10 WHEREAS, the Court issued a Pre-Trial Scheduling Order on December 7, 2015; 11 WHEREAS, this case involves complex real estate title issues which bear upon multiple properties 12 and involve varied issues and interests; 13 WHEREAS, Johnny R. Ribeiro is a principal owner in RIBEIRO-SUNGLOW, LLC; 14 WHEREAS, UMPQUA BANK brought a prior arbitration action against Johnny R. Ribeiro, in his 15 individual capacity and as trustee of the Johnny R. Ribeiro Separate Trust, for breach of contract and for 16 monies had and received pursuant to Johnny R. Ribeiro’s personal guarantee of two real estate loans made 17 to Ribeiro-Commerce, LLC, RIBEIRO-SUNGLOW, LLC, and RIBEIRO CALIFORNIA II, LLC, in 18 which UMPQUA BANK obtained a judgment in the amount of $7,417,564.42; 19 20 21 22 23 24 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; 25 WHEREAS, in order to provide the parties with additional time to reach a mutually agreeable 26 resolution of these matters, the Court entered an order to modify the Pre-Trial Scheduling Order on 27 September 12, 2016; 28 {00082134.DOCX; 1} 2 SECOND STIPULATION TO MODIFY STATUS (PRE-TRIAL SCHEDULING) ORDER; [PROPOSED] ORDER 1 WHEREAS, the success of the agreed plan for global resolution hinged upon unraveling highly 2 complex title issues, performing a thorough examination of Johnny R. Ribeiro’s exceedingly complex 3 financial affairs, and obtaining approval of a proposed global resolution through multiple levels of 4 UMPQUA BANK hierarchy; 5 WHEREAS, the parties were unable to reach a global resolution; however, the parties continued to 6 diligently focus their attention on resolving the current litigation before this Court and ultimately reached 7 a tentative settlement of the current litigation; 8 9 WHEREAS, the parties drafted a form of settlement agreement that was agreeable to both sides, but contingent upon resolving the title issues referenced above; 10 WHEREAS, the proposed form of settlement agreement called for Defendant to pass title of the 11 property to Plaintiffs via a Grant Deed, but was contingent upon a title company agreeing to the form of 12 Grant Deed and agreeing to insure Plaintiff’s title; 13 WHEREAS, on April 6, 2017, the title company advised that it would not issue a title insurance 14 policy based on the Grant Deed and advised that a rescission of the Trustee’s Deed as to the affected 15 parcels would be a more efficacious means of returning title to Plaintiffs; 16 WHEREAS, the parties need additional time to determine whether rescission of the Trustee’s 17 Deed can be accomplished, the form of the rescission, and if doing so will result in Plaintiffs obtaining the 18 required title insurance; 19 WHEREAS, the parties believe that their resources and attentions are better spent focusing on 20 settlement, rather than preparing for trial, but need to preserve the rights and ability to fully litigate this 21 matter should a trial be necessary; and 22 23 24 WHEREAS, good cause exists, the parties seek an order further modifying the remaining dates set forth in the modified Pre-Trial Scheduling Order as follows: Event Current Date New Date 25 Disclosure of Expert Witnesses Feb. 13, 2017 June 13, 2017 26 Supplemental Expert Disclosure Feb. 27, 2017 June 27, 2017 27 L/D to File Joint Mid-Litigation Statement Feb. 27, 2017 June 27, 2017 28 All Discovery to be Completed March 6, 2017 July 11, 2017 {00082134.DOCX; 1} 3 SECOND STIPULATION TO MODIFY STATUS (PRE-TRIAL SCHEDULING) ORDER; [PROPOSED] ORDER 1 Event Current Date New Date 2 All Dispositive Motions to Be Filed April 18, 2017 Aug. 22, 2017 3 Date for Hearing on all Dispositive Motions May 16, 2017 (1:30 p.m.) Sept. 19, 2017 (1:30 p.m.) L/D to File Joint Pretrial Statement June 30, 2017 Oct. 27, 2017 Final Pre-Trial Conference July 7, 2017 (10:00 a.m.) Nov. 3, 2017 (10:00 a.m.) Trial Aug. 28, 2017 Jan. 8, 2018 at 9:00 a.m. 4 5 6 7 8 Dated: April 11, 2017 BANKS & WATSON 9 By: /s/ James J. Banks JAMES J. BANKS, Attorneys for Plaintiffs RIBEIRO-SUNGLOW, LLC, and RIBEIRO CALIFORNIA II, LLC 10 11 12 Dated: April 11, 2017 KRAFT OPICH, LLP 13 By: /s/ Douglas H. Kraft DOUGLAS H. KRAFT, Attorneys for Defendant UMPQUA BANK 14 15 16 ORDER (AS MODIFIED BY THE COURT) GOOD CAUSE appearing therefore, SO ORDERED. 17 18 DATED: 4/12/2017 /s/ John A. Mendez____________ JOHN A. MENDEZ United States District Court Judge 19 20 21 22 23 24 25 26 27 28 {00082134.DOCX; 1} 4 SECOND STIPULATION TO MODIFY STATUS (PRE-TRIAL SCHEDULING) ORDER; [PROPOSED] ORDER

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