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Travelers Casualty and Surety Co. of America v. Natoma Valley Ridge

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


May 17, 2010

TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, A CONNECTICUT CORPORATION, PLAINTIFF,
v.
NATOMA VALLEY RIDGE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; GSJ COMPANY, LLC DBA DUNMORE COMMUNITIES, A CALIFORNIA LIMITED LIABILITY COMPANY; GRANT AVENUE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; CREEKSIDE 18, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; JEREMY A. DUNMORE, AN INDIVIDUAL; SIDNEY D. DUNMORE, AN INDIVIDUAL; RUTH DUNMORE, AN INDIVIDUAL; CHADY EVETTE DUNMORE, AN INDIVIDUAL; THOMAS E. MARTIN, AN INDIVIDUAL; DIANE CAROL MARTIN, AN INDIVIDUAL; STEPHEN K. PARKINSON, AN INDIVIDUAL; SUSAN C. PARKINSON, AN INDIVIDUAL; GSJ COMPANY, LLC DBA DUNMORE COMMUNITIES, AS TRUSTEE, FOR THE DUNMORE FAMILY TRUST DATED FEBRUARY 24, 1977, AS AMENDED; RUTH DUNMORE, AS TRUSTEE, FOR THE DUNMORE FAMILY TRUST DATED FEBRUARY 24, 1977, AS AMENDED; WESTERN SIERRA NATIONAL BANK, A CALIFORNIA CORPORATION; WESTERN SIERRA BANCORP, A CALIFORNIA CORPORATION; UMPQUA HOLDINGS CORPORATION, AN OREGON CORPORATION; AND UMPQUA BANK, AN OREGON CORPORATION, GSJ COMPANY, LP, A CALIFORNIA LIMITED PARTNERSHIP, DUNMAR, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FAIR OAKS VILLAGE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SIBLEY SQUARE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PENRYN COUNTRY ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, HILLGATE ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, STEVENSON AVENUE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SHASTA OAK COURT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, DEFENDANTS.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, A CONNECTICUT CORPORATION, PLAINTIFF,
v.
THOMAS E. MARTIN, AN INDIVIDUAL; DIANE CAROL MARTIN, AN INDIVIDUAL; THOMAS E. MARTIN, AS TRUSTEE FOR THE THOMAS E. MARTIN TRUST, ESTABLISHED DECEMBER 26, 2002; DIANE CAROL MARTIN, AS TRUSTEE FOR THE THOMAS E. MARTIN TRUST, ESTABLISHED DECEMBER 26, 2002; BARBERRY LANE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; EVAN ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; GV INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; LAKERIDGE COTTAGES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; PINE GROVE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; STEVENSON AVENUE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; TDM INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; AND DOES 1-20. DEFENDANTS.

The opinion of the court was delivered by: The Honorable Judge John A. Mendez

STIPULATION TO RESCHEDULE HEARING AND ORDER

Hearing Information

Date: June 2, 2010

Time: 9:30 a.m.

Courtroom: 6

WHEREAS Plaintiff TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ("Plaintiff") has noticed a Motion for Summary Judgment as against Defendants WESTERN SIERRA NATIONAL BANK, WESTERN SIERRA BANCORP,UMPQUA HOLDINGS CORPORATION and UMPQUA BANK (collectively "Umpqua"), which is set for hearing on June 2, 2010 at 9:30 a.m. in Courtroom 6 of the above-captioned court;

WHEREAS Plaintiff and Umpqua are actively attempting to reach a resolution of the claims and disputes between them, which will be significantly hindered if the aforementioned Motion for Summary Judgment remains set for hearing on June 2, 2010;

WHEREAS counsel for Plaintiff and Umpqua have met and conferred and agree that rescheduling the hearing for Plaintiff's Motion for Summary Judgment to a later date would allow Plaintiff and Umpqua to continue their efforts to resolve their claims and disputes between them;

WHEREAS if Plaintiff and Umpqua are able to resolve the claims and disputes between them, the Motion for Summary Judgment would be rendered moot;

WHEREAS the clerk for the Honorable Judge John A. Mendez has advised that the next available date for a hearing on a Motion for Summary Judgment before the Honorable Judge John A. Mendez would be July 21, 2010;

THEREFORE, counsel for Plaintiff and Umpqua stipulate as follows: to vacated the hearing on Plaintiff's Motion for Summary Judgment currently set for June 2, 2010, and reschedule the hearing to July 21, 2010, or such later date as is convenient for the Court.

May 14, 2010

NICHOLAS A. MERRELL Counsel for Plaintiff TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA

May 14, 2010

DARRELL C. MARTIN Counsel for Defendants WESTERN SIERRA NATIONAL BANK, WESTERN SIERRA BANCORP, UMPQUA HOLDINGS CORPORATION and UMPQUA BANK

ORDER

IT IS HEREBY ORDERED as follows:

1. The hearing on Plaintiff's Motion for Summary Judgment which is currently scheduled for June 2, 2010 is hereby VACATED AND RESCHEDULED for July 21, 2010 at 9:30 a.m. in Courtroom 6 of the United States District Court for the Eastern District of California;

2. All filing deadlines for (1) any opposition to the Motion for Summary Judgment, and/or (2) any reply brief in support of the Motion for Summary Judgment shall be governed by the Federal Rules of Civil Procedure and Local Rules for the United States District Court for the Eastern District of California, and based upon the new hearing date of July 21, 2010.

JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE

20100517

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