Fremont Bank v. Vallejo Hospitality LLC et al

Filing 39

ORDER signed by District Judge Daniel J. Calabretta on 2/7/24 CONTINUING the hearing on Defendant CSCDA's 10 Motion to Strike to 2/29/2024 at 01:30 PM before District Judge Daniel J. Calabretta, to be heard at the same time as Plaintiff's pending motions. (Kastilahn, A)

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KIRSCHENBAUM LAW, PC
Jeffrey B. Kirschenbaum (SBN: 152290)
Raymond E. Loughrey (SBN: 194363)
328 15th Street
Oakland, CA 94612
Tel.: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
FREMONT BANK

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FREMONT BANK, a California statechartered bank,
Plaintiff,
vs.

CASE NO: 2:23-cv-02281-DJC-JDP
STIPULATION AND ORDER
CONTINUING HEARING DATE OF
MOTION TO STRIKE

VALLEJO HOSPITALITY LLC, et al.,
Defendants.

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STIPULATION AND ORDER CONTINUING HEARING DATE
CASE NO.: 2:23-cv-02281-DJC-JDP

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Plaintiff FREMONT BANK (“Plaintiff”) and defendant CALIFORNIA STATEWIDE

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COMMUNITIES DEVELOPMENT AUTHORITY (“CSCDA”), through their undersigned

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counsel, jointly stipulate and request the entry of the [proposed] order as follows:

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WHEREAS, on November 14, 2023, CSCDA filed a motion to strike counts one and five of

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Plaintiff’s Complaint herein, which motion was scheduled to be heard before Magistrate Judge

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Jeremy D. Peterson on February 1, 2024; and

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WHEREAS, following reassignment of this case to U.S. District Court Judge Daniel J.

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Calabretta, the February 1, 2024 hearing date was vacated and CSCDA re-noticed the hearing on its

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motion to strike to February 15, 2024 at 1:30 p.m.; and

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WHEREAS, the hearings on Plaintiff’s pending motions for (1) appointment of a receiver;

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(2) writ of attachment; and (3) summary adjudication are set for February 29, 2024 at 1:30 p.m.; and

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WHEREAS, Plaintiff requested that CSCDA consent to continue the hearing on its motion

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to February 29, 2024 and CSCDA has agreed;

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Plaintiff and CSCDA hereby stipulate and request the Court to continue the hearing on

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CSCDA’s motion to strike to February 29, 2024 at 1:30 p.m., to be heard at the same time as

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Plaintiff’s pending motions.

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DATED: February 7, 2024

KIRSCHENBAUM LAW, PC

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By:

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/s/ Jeffrey B. Kirschenbaum_____
Jeffrey B. Kirschenbaum
Attorneys for Plaintiff
FREMONT BANK

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BLANK ROME LLP

DATED: February 7, 2024

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By:

/s/ Andrew Schrag ____
Andrew Schrag
Attorneys defendant
CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY

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STIPULATION AND ORDER CONTINUING HEARING DATE
CASE NO. 2:23-cv-02281-DJC-JDP

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ATTESTATION PURSUANT TO LOCAL RULE 131(e)
Pursuant to Civil Local Rule 131(e), counsel for Plaintiff attests that concurrence in the filing
of this document has been obtained from each of the other signatories.

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DATED: February 7, 2024

KIRSCHENBAUM LAW, PC

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By:

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/s/ Jeffrey B. Kirschenbaum_____
Jeffrey B. Kirschenbaum
Attorneys for Plaintiff
FREMONT BANK

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ORDER

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The Court, having considered the Joint Stipulation of the parties, and good cause appearing

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therefor, hereby ORDERS that the hearing on defendant CSCDA’s motion to strike is continued to

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February 29, 2024 at 1:30 p.m., to be heard at the same time as Plaintiff’s pending motions.

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IT IS SO ORDERED.

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DATED: February 7, 2024

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER CONTINUING HEARING DATE
CASE NO. 2:23-cv-02281-DJC-JDP