Dillon v. Continental Casualty Company

Filing 74

STIPULATION AND ORDER TO EXTEND PAGE LIMIT AND CASE DEADLINES re 73 STIPULATION WITH PROPOSED ORDER Stipulation to Extend Page Limit and Case Deadlines; Proposed Order filed by Thomas Dillon. Motions for Summary Judgment due 8/31/2012. Response s due by 9/24/2012. Replies due by 10/1/2012. Motion Hearing set for 10/15/2012 09:00 AM in Courtroom 9, 19th Floor, San Francisco before Chief Judge James Ware. Signed by Chief Judge James Ware on August 7, 2012. (wsn, COURT STAFF) (Filed on 8/7/2012)

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Attorneys for Thomas Dillon, as Court-Appointed
Receiver for Vesta Strategies, LLC
and Excalibur 1031 Group LLC

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Robert L. Brace, SBN 122240
Email: [e-mail]
HOLLISTER & BRACE
P.O. Box 630
Santa Barbara, CA 93102
Telephone: [phone]
Facsimile: [phone]

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S DISTRICT
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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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THOMAS DILLON, as Court-Appointed
Receiver for Vesta Strategies, LLC and
Excalibur 1031 Group, LLC

Case No.: C 10-5238-JW
STIPULATION TO EXTEND PAGE
LIMIT AND CASE DEADLINES ;
[PROPOSED] ORDER

Plaintiff,
vs.
CONTINENTAL CASUALTY COMPANY,
an Illinois corporation.
Defendant

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WHEREAS, a hearing date for summary judgment motions has been set for September
24, 2012;
WHEREAS, the current deadline for filing summary judgment motions is August 20,
2012, oppositions are due by September 3, 2012, and replies are due by September 10, 2012;
WHEREAS, Judge Ware is retiring at the end of August 2012 and will no longer be
assigned to the case;
WHEREAS, the case has not yet been assigned to a new judge;

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STIPULATION TO EXTEND CASE DEADLINES DUE TO RETIREMENT OF JUDGE WARE;
[PROPOSED] ORDER
U.S.D.C. N.D. Case No. 10-5238-JW

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WHEREAS, Robert L. Brace will be on vacation from August 11, 2012 through August
27, 2012;
WHEREAS, with the retirement of Judge Ware, the Parties anticipate that the hearing
date of September 24, 2012 will be reset once the case has been assigned to a new judge;

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WHEREAS, with the anticipated change of the hearing date and counsel’s vacation, the

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Parties request that the briefing schedule be modified as set forth below and that the hearing on

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the motions for summary judgment be set for on or after October 1, 2012; and

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WHEREAS, given the number of issues and facts relevant to the motions, the Parties

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anticipate that summary judgment briefs will exceed 25 pages and request that they be allowed
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to submit briefs up to 35 pages in length.

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THEREFORE, THE PARTIES STIPULATE AND AGREE to revise the motion
deadlines as follows:

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Event

Deadline

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Filing of Motions for Summary Judgment

August 27, 2012 August 31, 2012

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Oppositions

September 21, 2012

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Replies

September 24, 2012 October 1, 2012

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Hearing

On or after October 1, 2012

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October 15, 2012 at 9:00 a.m.

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STIPULATED AND AGREED.
Dated: July 26, 2012

HOLLISTER & BRACE

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By:

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/s/
Robert L. Brace
Attorneys for Plaintiff Thomas A. Dillon,
the Court-Appointed Receiver for Vesta
Strategies, LLC and Excalibur 1031 Group

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STIPULATION TO EXTEND CASE DEADLINES DUE TO RETIREMENT OF JUDGE WARE;
[PROPOSED] ORDER
U.S.D.C. N.D. Case No. 10-5238-JW

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Dated: July 26, 2012

TROUTMAN SANDERS

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By:

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/s/
Eileen Bower (via e-mail auth)
Attorneys for Defendant Continental
Casualty Company

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: August 7, 2012
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HON. JAMES WARE
UNITED STATES DISTRICT JUDGE

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STIPULATION TO EXTEND CASE DEADLINES DUE TO RETIREMENT OF JUDGE WARE;
[PROPOSED] ORDER
U.S.D.C. N.D. Case No. 10-5238-JW