Platte River Insurance Company v. Marks, 2:15-CV-01747-WBS-EFB. (2016)
Court: District Court, E.D. California
Number: infdco20160701c23
Visitors: 21
Filed: Jun. 29, 2016
Latest Update: Jun. 29, 2016
Summary: STIPULATION REGARDING CONDITIONAL SETTLEMENT AND REQUEST TO VACATE ALL DATES; AND ORDER THEREON WILLIAM B. SHUBB , District Judge . TO THE CLERK OF COURT, ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: Plaintiff PLATTE RIVER INSURANCE COMPANY ("Platte River") on the one hand, and Defendants DEAN RICHARD MARKS; SARILEE MARKS; THE MARKS LIVING TRUST dated September 11, 2012; DEAN RICHARD MARKS, as Trustee of THE MARKS LIVING TRUST; SARILEE MARKS, as Trustee of THE MARKS LIVING TRUST;
Summary: STIPULATION REGARDING CONDITIONAL SETTLEMENT AND REQUEST TO VACATE ALL DATES; AND ORDER THEREON WILLIAM B. SHUBB , District Judge . TO THE CLERK OF COURT, ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: Plaintiff PLATTE RIVER INSURANCE COMPANY ("Platte River") on the one hand, and Defendants DEAN RICHARD MARKS; SARILEE MARKS; THE MARKS LIVING TRUST dated September 11, 2012; DEAN RICHARD MARKS, as Trustee of THE MARKS LIVING TRUST; SARILEE MARKS, as Trustee of THE MARKS LIVING TRUST; a..
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STIPULATION REGARDING CONDITIONAL SETTLEMENT AND REQUEST TO VACATE ALL DATES; AND ORDER THEREON
WILLIAM B. SHUBB, District Judge.
TO THE CLERK OF COURT, ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
Plaintiff PLATTE RIVER INSURANCE COMPANY ("Platte River") on the one hand, and Defendants DEAN RICHARD MARKS; SARILEE MARKS; THE MARKS LIVING TRUST dated September 11, 2012; DEAN RICHARD MARKS, as Trustee of THE MARKS LIVING TRUST; SARILEE MARKS, as Trustee of THE MARKS LIVING TRUST; and EAGLE RIDGE, LLC (collectively, "Defendants") on the other hand, by and through their respective attorneys of record, stipulate as follows:
1. Platte River and Defendants reached a settlement concerning this case, as well as the Judgment against Defendants in the related case, Platte River Insurance Company v. Premier Power Renewable Energy, Inc., et al., United States District Court, Eastern District of California, Sacramento Division, Case No. 2:14-cv-01666-WBS-EFB.
2. Defendants have up to and including December 31, 2016, to provide all settlement monies to Platte River pursuant to that certain written Settlement Agreement dated June 8, 2016 ("the Settlement Agreement"), already fully executed by Platte River and Defendants.
3. If Platte River is fully paid all settlement monies pursuant to the Settlement Agreement, then Platte River and Defendants will file a stipulation to dismiss this action with prejudice.
4. If, however, Platte River is not fully paid all settlement monies pursuant to the Settlement Agreement, then Platte River may seek to amend its Complaint (ECF No. 1) in this action to allege new facts and add at least one new party to address issues which Platte River recently learned.
5. Consequently, Platte River and Defendants request that this Court vacate all dates set in the Status (Pretrial Scheduling) Order (ECF No. 18), including but not limited to the trial date, and schedule this case for a Status Conference in late January, 2017.
SO STIPULATED.
ORDER
Based on the foregoing stipulation between Plaintiff PLATTE RIVER INSURANCE COMPANY ("Platte River") on the one hand, and Defendants DEAN RICHARD MARKS; SARILEE MARKS; THE MARKS LIVING TRUST dated September 11, 2012; DEAN RICHARD MARKS, as Trustee of THE MARKS LIVING TRUST; SARILEE MARKS, as Trustee of THE MARKS LIVING TRUST; and EAGLE RIDGE, LLC (collectively, "Defendants") on the other hand, and good cause appearing therefor, the Court orders the following:
A. All dates set in the Status (Pretrial Scheduling) Order (ECF No. 18), including but not limited to the trial date, are hereby vacated.
B. A Status Conference is set for January 30, 2017 at 1:30 p.m.
C. Platte River and Defendants shall prepare and file a Joint Status Conference Statement no later than January 17, 2017.
IT IS SO ORDERED.
Source: Leagle
