United States Fire Insurance Company v. Vesta Strategies, LLC et al
Filing
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STIPULATION AND ORDER re 262 Proposed Order, filed by Thomas A. Dillon, Borel Private Bank & Trust Company. Signed by Judge James Ware on 1/17/12. (sis, COURT STAFF) (Filed on 1/17/2012)
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Attorneys for Counter-Claimant Thomas Dillon,
as Court-Appointed Receiver for Vesta Strategies, LLC
and Excalibur 1031 Group LLC
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ROBERT L. BRACE, SBN 122240
rlbrace@hbsb.com
PETER L. CANDY, SBN 149976
pcandy@hbsb.com
HOLLISTER & BRACE
P.O. Box 630
Santa Barbara, CA 93102
Telephone: (805) 963-6711
Facsimile: (805) 965-0329
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UNITED STATES DISTRICT COURT D I S T R I C T O
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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UNITED STATES FIRE INSURANCE
COMPANY, a corporation,
Assigned to Hon. James Ware
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Plaintiff,
vs.
VESTA STRATEGIES, LLC, a limited
liability company; SAMUEL W. HENKA, an
individual,
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STIPULATION AND [PROPOSED]
ORDER FOR PRODUCTION OF
DOCUMENTS
Defendants.
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Case No.: 09-cv-02388 JW
THOMAS DILLON, as Receiver for Vesta
Strategies, LLC
Counter-Claimant,
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vs.
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UNITED STATES FIRE INSURANCE
COMPANY, a corporation.
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Counter-Defendant.
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Counter-Claimant THOMAS A. DILLON, as Court-Appointed Receiver for Vesta
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Strategies, LLC and Excalibur 1031 Group (“Dillon”) and Borel Private Bank and Trust
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Company (“Borel”), by and through their respective counsel, stipulate and agree as follows:
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STIPULATION AND [PROPOSED] ORDER RE: PRODUCTION OF BOREL BANK DOCUMENTS
Case No. C 09-2388-JW
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1.
On September 30, 2011, the United States District Court, Northern District of
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California, through counsel for Dillon, issued the subpoena attached hereto as Exhibit A to
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Borel. Borel thereafter timely served objections.
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2.
Following a reasonable search and investigation, Borel has located documents in
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accounts in the name of IAG 1031, LLC (“IAG 1031”) responsive to the subpoena. Dillon is
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not a signatory to the IAG 1031 accounts at Borel, but asserts that he (as the Receiver for Vesta,
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the successor of IAG 1031) owns all right, title and interest to said accounts. In addition, Dillon
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asserts that certain signatories to the IAG 1031 account have agreed that the IAG 1031
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documents may be released to Dillon.
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3.
Borel desires to comply in good faith with its obligations to respond to the
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subpoena, and its obligations to its account holders. As a result, and for the reasons stated
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herein, Dillon and Borel agree as follows:
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a.
Borel shall send written notice (the “Written Notice”) containing the
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subpoena, this Stipulation and [Proposed] Order for Production of Documents and a
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statement that Borel intends to produce documents responsive to the subpoena, absent an
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objection or motion to quash, by U.S. Mail to the last known address of IAG 1031 and
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the last known address of the signatories of the IAG 1031 accounts. The signatories on
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the IAG 1031 accounts (the “IAG 1031 Signatories”) are Robert Estupinian, Ginny
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Hillig (a/k/a Ginny Estupinian), Peter Ye and Sarah Gaus.
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execution and filing of this Order, Dillon will serve the executed and filed Order on IAG
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1031 and the IAG 1031 Signatories.
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b.
Within 5 days of the
If there is no objection in writing or motion to quash filed and served
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within the latter of 15 days after the date of the Written Notice or 5 days after service of
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the Order as specified in 3.a, Borel is authorized to produce said documents to Dillon’s
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attorney of record.
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c.
If there is an objection in writing or a motion to quash filed and served
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within the time frames specified in 3.b., Borel need not produce such documents unless
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and until said objection is resolved between IAG 1031, the IAG 1031 Signatories or the
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STIPULATION AND [PROPOSED] ORDER RE: PRODUCTION OF BOREL BANK DOCUMENTS
Case No. C 09-2388-JW
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objecting entity or person, on the one hand, and Dillon on the other hand, via motion or
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otherwise, in a manner that authorizes Borel to produce such documents.
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4.
Upon the production of documents pursuant to this Stipulation and Order, Dillon
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shall maintain the confidentiality of the documents and information therein and shall use the
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documents and information for no purpose other than this action and shall not disclose the
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documents outside of this action.
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IT IS SO STIPULATED.
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DATED: December 16, 2011
HOLLISTER & BRACE
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By:
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/s/ Robert L. Brace
ROBERT L. BRACE
PETER L. CANDY
Attorneys for Counter-Claimant
THOMAS DILLON, AS COURTAPPOINTED RECEIVER FOR
VESTA STRATEGIES, LLC and
EXCALIBUR 1031 SERVICES
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DATED: December 16, 2011
NIXON PEABODY LLP
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By:
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/s/ Bruce E. Copeland
BRUCE E. COPELAND
Attorneys for Non-party
BOREL PRIVATE BANK &
TRUST COMPANY
ORDER
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The parties having stipulated and good cause appearing, IT IS SO ORDERED.
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DATED:
January 17, 2012
____________________________________
HON. JAMES WARE
UNITED STATES DISTRICT JUDGE
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STIPULATION AND [PROPOSED] ORDER RE: PRODUCTION OF BOREL BANK DOCUMENTS
Case No. C 09-2388-JW
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