STIPULATION AND ORDER CONTINUING PRETRIAL AND TRIAL DATES

WILLIAM H. ORRICK, District Judge.

It is hereby stipulated by and between the FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Tamalpais Bank of San Rafael, California ("FDIC-R"), on the one hand, and MARK GARWOOD, ALLAN BORTEL, CAROLYN HORAN, JAMES WILLIAMS, JEFFERY TAPPEN, MICHAEL RICE, and NANCY GRAUTEN, on the other hand, through their respective counsel, as follows:

1. On May 14, 2014, the Court issued its Civil Pretrial Order, which set forth, among other things, various pretrial and trail dates [Dkt. 28].

2. On June 6, 2014, the Court entered its Order Resolving Dispute Over Loan Files, and ordered that hard copies of Tamalpais Bank files be provided to Defendants for review and copying [Dkt. 31].

3. On August 21, 2014, Defendants reviewed 70 boxes of documents produced by FDIC-R pursuant to the Court's June 16, 2014 at its facility in Dallas, Texas. One file appeared to be an "original" loan file that defendants were seeking and was in the possession of the FDIC-R.

4. FDIC-R's counsel was able to locate additional loan files for twelve (12) of the loans at issue in the Complaint that were sold by Tamalpais Bank to CBRE Capital Partners U.S. Special Situations I, L.P. ("CBRE") and/or Coastal Capital Partners, LLC ("Coastal Capital") prior to when FDIC-R took over Tamalpais Bank These files appear to be the "original" loan files that defendants were seeking and were in the possession of CBRE and/or Coastal Capital and sent to their counsel in Los Angeles, California. Those files were reviewed by counsel for the parties in Los Angeles on September 3, 2014.

5. To date, the parties have not scheduled a mediation because defendants and their insurance carrier need to review the original loan files in order to evaluate the case.

6. Now that certain original loan files have been located and made available for review and copying, the parties are in the process of selecting a mediator and mediation date and are hopeful that mediation can take place by the end of November 2014 or the beginning of December 2014.

7. In light of foregoing, the parties are desirous of focusing their efforts on completing mediation and therefor continuing the pretrial and trial dates scheduled in the Civil Pretrial Order for a period of four months, assuming that a mediation is held in either November or December 2014. If mediation is not held until after December 2014, the parties may request a further continuance from the Court.

8. Accordingly, the parties agree that the following dates be continued as follows:

SO STIPULATED.

IT IS HEREBY ORDERED that the following scheduling deadlines and hearing dates have been set (please note revised pretrial conference date):