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Adobe Lumber, Inc. v. Hellman

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 23, 2008

ADOBE LUMBER, INC., A CALIFORNIA CORPORATION, PLAINTIFF,
v.
F. WARREN HELLMAN AND WELLS FARGO BANK, N.A., AS TRUSTEES OF TRUST A CREATED BY THE ESTATE OF MARCO HELLMAN; F. WARREN HELLMAN AS TRUSTEE OF TRUST B CREATED BY THE ESTATE OF MARCO HELLMAN; THE ESTATE OF MARCO HELLMAN, DECEASED; WOODLAND SHOPPING CENTER, A LIMITED PARTNERSHIP; JOSEPH MONTALVO, AN INDIVIDUAL; HAROLD TAECKER, AN INDIVIDUAL; GERALDINE TAECKER, AN INDIVIDUAL; HOYT CORPORATION, A MASSACHUSETTS CORPORATION; PPG INDUSTRIES, INC., A PENNSYLVANIA CORPORATION; OCCIDENTAL CHEMICAL CORPORATION, A NEW YORK CORPORATION; CITY OF WOODLAND; AND ECHCO SALES & EQUIPMENT CO., DEFENDANTS.

AND RELATED COUNTERCLAIMS, CROSS-CLAIMS AND THIRD PARTY COMPLAINTS.

ORDER

On December 15, 2008, defendants Wells Fargo Bank N.A. and F. Warren Hellman ("Hellman Trustees") filed a motion to strike alleged new arguments in plaintiff Adobe Lumber Inc.'s reply in support of its motion for good faith settlement approval or, in the alternative, a motion for leave to file a sur-reply. The Hellman Trustees attached the sur-reply to their motion (see Mot. Strike, Docket #308, Ex. A);

By order upon the parties' stipulation (see November 26, 2008 Order), the court had set the parties' Third Status Conference for January 5, 2008, to coincide with the hearing date for Adobe Lumber Inc.'s motion for approval of good faith settlement. However, in order to give the parties a full opportunity to brief the issues raised in the reply and sur-reply, the count will modify the schedule as follows:

IT IS HEREBY ORDERED THAT:

(1) The Hellman Trustees may file and are deemed to have filed the sur-reply attached to their motion;

(2) Adobe Lumber Inc. may file a response to the Hellman Trustees' sur-reply no later than January 5, 2008,

(3) The hearing date for Adobe Lumber Inc.'s motion for good faith settlement approval is moved to January 20, 2008 at 2:00 p.m.;

(4) The parties' Third Status Conference is moved to January 20, 2008, at 2:00 p.m.; and

(5) In light of the foregoing, the Hellman Trustees' motion to strike is moot.

20081223

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