Opinion
Case No. 2:09-cv-03208-WBS-EFB
09-09-2011
UMPQUA BANK, an Oregon chartered bank, Plaintiff, v. FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, Defendant.
Kelley M. Lincoln MICHAEL T. FOGARTY KELLEY M. LINCOLN Counsel for Defendant FIRST AMERICAN TITLE INSURANCE COMPANY DARRELL C. MARTIN Counsel for Plaintiff UMPQUA BANK
THOMAS E. ALBORG (SBN 056425)
MICHAEL J. VEILUVA (SBN 100419)
DARRELL C. MARTIN (SBN 191773)
ALBORG, VEILUVA & MARTIN LLP
Attorneys for Plaintiff
UMPQUA BANK
STIPULATION TO RESCHEDULE HEARING AND ORDER
Hearing Information:
Date: September 26, 2011
Time: 2:00 p.m.
Ctrm.: 5
Judge: Hon. Judge William B. Shubb
WHEREAS Defendant FIRST AMERICAN TITLE INSURANCE COMPANY ("Defendant") has noticed a Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment ("MSJ") as against Plaintiff UMPQUA BANK ("Umpqua"), which is set for hearing on September 26, 2011 at 2:00 p.m. in Courtroom 5 of the above-captioned court;
WHEREAS certain counsel for Umpqua are presently unavailable to participate in preparing Umpqua's opposition to Defendant's MSJ, though their participation is necessary for the effective representation of Umpqua in these proceedings, and which will be significantly hindered if the aforementioned MSJ remains set for hearing on September 26, 2011;
WHEREAS counsel for Defendant and Umpqua have met and conferred and agree that rescheduling the hearing for Defendant's MSJ to a later date would allow Plaintiff and its counsel adequate time to prepare its opposition to the MSJ in light of the unavailability of other Umpqua counsel;
WHEREAS the clerk for the Honorable Judge William B. Shubb has advised that the next available date for a hearing on a Motion for Summary Judgment before the Honorable Judge William B. Shubb would be October 11, 2011;
THEREFORE, counsel for Defendant and Umpqua stipulate as follows: to vacate the hearing on Defendant's MSJ currently set for September 26, 2011, and reschedule the hearing to October 11, 2011, or such later date as is convenient for the Court.
Kelley M. Lincoln
MICHAEL T. FOGARTY
KELLEY M. LINCOLN
Counsel for Defendant FIRST
AMERICAN TITLE INSURANCE
COMPANY
DARRELL C. MARTIN
Counsel for Plaintiff
UMPQUA BANK
ORDER
IT IS HEREBY ORDERED as follows:
1. The hearing on Defendant's Motion for Summary Judgment or, in the Alternative, Partial Summary Judgment, which is currently scheduled for September 26, 2011, is hereby VACATED AND RESCHEDULED for October 11, 2011 at 2:00 p.m. in Courtroom 5 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 or, in the Alternative, Partial Summary Judgment, and/or (2) any reply brief in support of the Motion for Summary Judgment or, in the Alternative, Partial 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 October 11, 2011.
3. The Pretrial Conference is continued to December 12, 2011 at 2:00 p.m.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE