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Hawker v. Doak, 12-cv-01261-SAB. (2017)

Court: District Court, E.D. California Number: infdco20170503a03 Visitors: 9
Filed: Apr. 28, 2017
Latest Update: Apr. 28, 2017
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE STANLEY A. BOONE , Magistrate Judge . IT IS HEREBY STIPULATED, by and between Plaintiffs Thomas T. Hawker, John J. Incandela, Dave Kraechan, Edwin Jay Lee and Edward J. Rocha (collectively "Insureds"), plaintiff by assignment the Federal Deposit Insurance Corporation as Receiver for County Bank (the "FDIC-R"), and Defendant John D. Doak, insurance commissioner as receiver for Red Rock Insurance Company, f/k/a BancInsure, Inc. ("Doak"), thro
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STIPULATION AND ORDER CONTINUING STATUS CONFERENCE

IT IS HEREBY STIPULATED, by and between Plaintiffs Thomas T. Hawker, John J. Incandela, Dave Kraechan, Edwin Jay Lee and Edward J. Rocha (collectively "Insureds"), plaintiff by assignment the Federal Deposit Insurance Corporation as Receiver for County Bank (the "FDIC-R"), and Defendant John D. Doak, insurance commissioner as receiver for Red Rock Insurance Company, f/k/a BancInsure, Inc. ("Doak"), through their respective counsel of record, as follows:

1. On April 7, 2014, this Court granted Defendant's Motion for Summary Judgment as to the FDIC-R's second cause of action for breach of contract. ECF No. 125.

2. On April 17, 2015, this Court granted the Parties' Renewed Motion for Certification of Judgment as Final and Appealable, thereby permitting the Parties to appeal the Court's summary judgment ruling to the Ninth Circuit. ECF No. 157.

3. On May 14, 2015, the FDIC-R filed a timely Notice of Appeal to the Ninth Circuit. ECF No. 158.

4. On March 27, 2017, the Ninth Circuit issued an Order affirming this Court's summary judgment ruling.

5. On April 18, 2017, the Ninth Circuit issued a Mandate setting that date as the one where the Ninth Circuit's Judgment will take effect. ECF No. 164.

6. On April 19, 2017, this Court issued an Order setting a status conference in front this Honorable Court on May 5, 2017.

7. There are a number a number of pieces of litigation throughout the country between the FDIC as the receiver of various failed banks, and John D. Doak, insurance commissioner as receiver for Red Rock Insurance Company, f/k/a/ BancInsure, Inc. In light of the limited assets in the receivership and the many cases outstanding, the FDIC and Mr. Doak have been negotiating a global resolution that will settle all such litigation. The Parties expect that such settlement negotiations will continue for at least the next two weeks in light of the many moving pieces.

8. In light of the foregoing, the Parties hereby jointly request this Court to continue the status conference from May 5, 2017 to May 26, 2017, at 9:00 a.m. in Courtroom 9, to permit the Parties to continue global settlement negotiations.

ORDER

Accordingly, IT IS HEREBY ORDERED that the status conference set for May 5, 2017, is hereby continued to May 26, 2017, at 9:00 a.m. in Courtroom 9. The parties shall file a joint status report seven (7) days prior to the status conference addressing the claims and parties that remain in this action following the decision on the FDIC's appeal.

IT IS SO ORDERED.

Source:  Leagle

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