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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


June 24, 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 HEARING INFORMATION DBA DUNMORE COMMUNITIES, A CALIFORNIA LIMITED LIABILITY COMPANY; GRANT AVENUE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; CREEKSIDE 18, LLC, A CALIFORNIA LIMITED COURTROOM: 6 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: John A. Mendez United States District Court Judge

STIPULATION TO WITHDRAW MOTION FOR SUMMARY JUDGMENT WITHOUT PREJUDICE AND [PROPOSED] ORDER

Date: July 21, 2010 Time: 9:30 a.m. The Honorable Judge John A. Mendez

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 July 21, 2010 at 9:30 a.m. in Courtroom 6 of the above-captioned court;

WHEREAS Plaintiff and Umpqua have reached or will soon reach a conditional settlement;

WHEREAS counsel for Plaintiff and Umpqua have met and conferred and agree that withdrawal of Plaintiff's Motion for Summary Judgment without prejudice will 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;

THEREFORE, counsel for Plaintiff and Umpqua stipulate that the hearing to July 21, 2010 should be vacated without prejudice to Plaintiff's right to file another Motion for Summary Judgment against Umpqua.

June 24, 2010

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

June 24, 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 July 21, 2010 is hereby VACATED;

2. This order is without prejudice to Plaintiff's right to file another Motion for Summary Judgment against Western Sierra National Bank, Western Sierra Bancorp, Umpqua Holdings Corporation or Umpqua Bank.

20100624

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