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15-538 - Paskenta Band of Nomlaki Indians et al v. Crosby et al


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15-538 - Paskenta Band of Nomlaki Indians et al v. Crosby et al
April 13, 2015
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 4/13/15 ORDERING that Defendant shall have twenty-eight (28) days from 4/8/15, up to and indcluding 5/6/2015, to file a responsive pleading in this matter.(Mena-Sanchez, L)
July 10, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 7/9/15 ORDERING for the stated reasons, Defendants' motion for a stay pending arbitration is DENIED and Plaintiffs' counter-motion to stay the arbitration is GRANTED. (Becknal, R)
July 13, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 7/10/15: Plaintiffs' 77 Ex Parte Application for an OST is DENIED. (Kaminski, H)
July 14, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 7/13/15 DENYING the sealing request re: 80 Stipulation and Proposed Order. (Meuleman, A)
July 28, 2015
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STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 7/28/2015. (Zignago, K.)
July 30, 2015
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr., on 7/29/15 ORDERING that the Clerk is instructed to remove Dkt. No. [72-2] from the case file; and Plaintiffs may file the attached redacted copy of Dkt. No. [72-2]. (Kastilahn, A)
August 5, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 8/5/15 DECLINING to sign the 4/24/15 Stipulation and Proposed Order. (Manzer, C)
August 14, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 8/13/15 ORDERING that MOTIONS to DISMISS the First Amended Complaint 44, 46, 50, 51, 53 and 54 are GRANTED in PART and DENIED in part. Plaintiff is granted (21) days leave from the date on which this order is filed to file a Second Amended Complaint addressing the deficiencies in any dismissed claim that was not dismissed without leave to amend. (Mena-Sanchez, L)
August 17, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 8/14/15 DENYING 72 Motion for Preliminary Injunction. (Meuleman, A)
August 31, 2015
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 8/28/2015 ORDERING 110 Within 10 days of entry of this Order, Plaintiffs shall dismiss the CRP Entities without prejudiced from the instant action; Notwithstanding the foregoing dismissal without prejudice, because the Plaintiffs and certain Defendants dispute the lawful ownership of the Subject Interests and the ancillary entitlement to proceeds, distributions, and other economic benefits related thereto, and because this Courts ultimate disposition of this case will likely determine the lawful ownership of the Subject Interests and ancillary entitlements, the Court shall retain jurisdiction over the CRP Entities for the purpose of enforcing this Order and matters related thereto, including issuing an order at the conclusion of this case directing the CRP Entities to distribute proceeds, distributions, and other economic benefits related to the Subject Interests to whichever party(ies) the Court determines is the lawful owner thereof. (Reader, L)
September 9, 2015
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ORDER signed by Judge Garland E. Burrell, Jr on 9/9/2015 GRANTING 113 Ex Parte Application. These defendants are not required to respond to the First Amended Complaint but are instead ORDERED to Respondent to the forthcoming Second Amended Complaint on 11/2/2015, pursuant to 107 Order. (Donati, J)
October 1, 2015
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/1/15 re: 133 ORDERING Leave to Amend. (Meuleman, A)
October 5, 2015
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STIPULATION and ORDER regarding the production of documents for purposes of discovery signed by Magistrate Judge Craig M. Kellison on 10/5/15. (Kastilahn, A)
October 14, 2015
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ORDER signed by Judge Garland E. Burrell, Jr., on 10/13/15 ORDERING that Defendants' request to certify for interlocutory appeal the August 14, 2015 ruling, denying Defendants' motion to dismiss for lack of subject matter jurisdiction, is DENIED. (Kastilahn, A)
April 13, 2016
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STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 4/12/16 ORDERING that the hearing date for Plaintiffs' Motion to Compel Production of Documents Responsive to Plaintiffs' Requests for Production by Defendants Cornerstone Community Bank, Cornerstone Community Bancorp and Jeffrey Finck shall be moved to May 4, 2016. (Becknal, R)
April 20, 2016
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MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 4/15/2016 ORDERING that Cornerstone Defendants' 139 Motion to Dismiss is GRANTED IN PART and DENIED IN PART with leave to amend. APC's 143 Motion to Dismiss is GRANTED with leave to amend. Umpqua Defendants' 145 Motionto Dismiss is GRANTED with leave to amend. Haness defendant's 141 Motion to Dismiss is DENIED as moot. Plaintiffs are GRANTED thirty (30) days to file a Third Amended Complaint. (Zignago, K.)
June 2, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 6/1/16 ORDERING that Defendants Umpqua and APC shall have thirty (30) days from 5/20/16, up to and including 6/20/16, to file a responsive pleading in this matter. Plaintiffs' opposition to any such motion will be due thirty (30) days from the date Defendants' motion is filed; and Defendants' reply in support of any such motion will be due fourteen (14) days from the date Plaintiffs' opposition is filed.(Mena-Sanchez, L)
June 7, 2016
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STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 6/6/2016 ORDERING Defendants Cornerstone Community Bank, Cornerstone Community Bancorp, Jeffrey Finck to file an answer to the 212 Third Amended Complaint by 6/20/2016. (Michel, G.)
June 8, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 6/8/2016 ORDERING Pursuant to Federal Rule of Civ. Pro. 33(a)(1), that Plaintiffs may serve an additional ten (10) written interrogatories on Defendant John Crosby.(Reader, L)
June 22, 2016
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STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 6/22/2016 ORDERING Defendant Associated Pension Consultants, LLC to respond to the 212 Third Amended Complaint by 7/10/2016. (Michel, G.)
July 15, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 7/15/2016 GRANTING 173 Motion to Dismiss Third-Party Complaint. The 156 Third-Party Complaint is DISMISSED with no leave to amend. (Zignago, K.)
July 29, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 7/29/2016 ORDERING that the time for Defendants GDK Consulting and Greg Kesner to respond to Plaintiffs' Third Amended Complaint is EXTENDED to 8/18/2016. If Defendants GDK Consulting and Greg Kesner file a motion to dismiss the Third Amended Complaint, Defendants will notice the motion for hearing on 10/6/2016. Plaintiffs' opposition to the motion will be due on 9/22/2016, and Defendants reply brief will be due on 9/29/2016. (Zignago, K.)
August 3, 2016
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STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 08/03/16 ORDERING that plaintiffs' deadline to file their Opposition to the 49 Motion to Dismiss is EXTENDED to 08/31/16; APCs Reply is due 14 days thereafter and APC shall re-notice the motion hearing in accordance with Local Rules and this Court's Individual Practices. (Benson, A)
October 13, 2016
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Judgment by 11/3/2016; ORDERING the Cornerstone Defendants to file replies in support of their motions and their opposition to any Cross-Motions for Summary Judgment by 11/17/2016; ORDERING the plaintiffs to file any replies in support of any Cross-ORDER signed by District Judge Morrison C. England, Jr. on 10/13/2016 MODIFYING the briefing schedule on 289, 290, 291 Motions for Summary Judgment; ORDERING the plaintiffs to file an opposition to said motions and any Cross-Motions for SummaryMotions for Summary Judgment by 11/24/2016; SETTING the Motion Hearing on 289, 290, 291 Motions for Summary Judgment and any Cross-Motions for Summary Judgment for 12/1/2016 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Michel, G.)
October 19, 2016
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ORDER AND MEMORANDUM signed by District Judge Morrison C. England, Jr. on 10/18/16 ORDERING that Umpqua defendants' 228 Motion to Dismiss is GRANTED with prejudice as to plaintiffs' common law negligence, breach of contract, and aiding and abetting claims; APC's 269 Motion to Dismiss is GRANTED with prejudice as to plaintiffs' common law negligence claim, aiding and abetting claim, and punitive damages prayer; Moore's 275 Motion for Judgment on the Pleadings is GRANTED with prejudice as to plaintiffs' common law negligence, aiding and abetting, and restitution/quasi-contract claims. (Benson, A)
November 14, 2016
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MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 11/14/2016 DENYING Third-Party Defendants' 274 Motion for Judgment. (Jackson, T)
December 8, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/8/16 GRANTING 318 Ex Parte Application to CONTINUE the hearings on 298, 303 Motion to Compel to 1/11/2017 at 10:00 AM in Redding (CMK) before Magistrate Judge Craig M. Kellison. The parties shall meet and confer prior to the submission of the joint statement; the parties' joint statement 12/21/2016. (Washington, S)
December 15, 2016
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/14/2016 ORDERING that the Clerk is directed to restrict access to counsel's 324 Declaration. Defendants may refile a redacted version of the declaration and exhibits. (Zignago, K.)
January 9, 2017
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ORDER signed by District Judge Morrison C. England, Jr. on 1/6/2017 ORDERING that Defendants GDK Consulting LLC and Greg Kesner are DISMISSED with Prejudice, pursuant to FRCP 41(a)(1)(A)(ii). (Reader, L)
January 11, 2017
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RELATED CASE ORDER signed by District Judge Morrison C. England, Jr. on 1/10/2017 RELATED with 2:15-CV-538 MCE CMK REASSIGNING CASE 2:17-CR-6 TLN to District Judge Morrison C. England, Jr. for all further proceedings, and any dates currently se in 2:17-CR-6 are hereby VACATED; caption on documents filed in the reassigned case shall be shown as 2:17-CR-6 MCE; District Judge Troy L. Nunley no longer assigned to criminal case.(Reader, L)
January 23, 2017
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STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 1/20/2017. (Washington, S)
January 24, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 1/24/2017 GRANTING 289, 290, 291 Motions for Summary Judgment; DENYING 311 Motion for Judgment on the Pleadings as moot. (Michel, G.)
January 24, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 1/24/2017 DENYING 300 Motion for Entry of Final Judgment. (Michel, G.)
January 24, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 1/24/2017 DENYING 72 Motion for Preliminary Injunction. (Michel, G.)
February 21, 2017
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MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr on 2/21/17 ORDERING for the reasons above, the Court enters final judgment pursuant to Rule 54(b) as to the claims made against the Cornerstone Defendants, the Umpqua Defendants, Moore, and APC. In light of the Court entering final judgment sua sponte as to the claims against the Cornerstone Defendants, their Motion for Judgment, ECF No. 369, is DENIED AS MOOT. (Becknal, R)
February 21, 2017
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FINAL JUDGMENT dated *2/21/17* pursuant to order signed by District Judge Morrison C. England, Jr on 2/21/17. Entered in favor of defendants: Cornerstone Community Bank; Cornerstone Community Bancorp; Jeffery Finck; Umpqua Bank; Umpqua Holdings Corp.; Garth Moore; Garth Moore Insurance andFinancial Services, Inc.; and Associated Pension Consultants, Inc.(Becknal, R)
March 28, 2017
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STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 3/27/2017 CONTINUING the Motion Hearing on 382, 384, and 388 Motions for Attorneys' Fees to 5/18/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.; ORDERING that the opposition to each motion be filed by 4/20/2017; ORDERING that any replies be filed by 5/4/2017. (Michel, G.)
April 20, 2017
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MENORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 4/19/2017 GRANTING 351 Defendants' Motion to Stay Case pending the resolution of criminal proceedings against Defendants, subject to three exceptions on pending motions 382, 384, 388; not later than 90 days following the date this Memorandum and Order is electronically filed, and every 90 days thereafter until the stay is lifted, the parties are directed to file a Joint Status Report advising the Court as to the Status of the Criminal action. (Reader, L)
May 11, 2017
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MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 5/10/2017 DENYING 366 Motion for Reconsideration. (Zignago, K.)
July 27, 2017
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MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 7/26/2017 DENYING 382, 388 Motions for Attorney's Fees; GRANTING 384 Motion for Attorney's Fees; FINDING that Cornerstone Community Bank is entitled to $1,049,559.16 in attorney's fees and costs; OVERRULING 404 Objections to Bill of Costs; FINDING that Umpqua Bank, Umpqua Holdings Corporation, Cornerstone Community Bancorp, Cornerstone Community Bank, Garth Moore Insurance and Financial Services, Inc., Garth Moore, Associated Pension Consultants, Inc. are entitled to the full amounts provided in 383, 385, 386, 387 Bills of Costs. (Michel, G.)
October 19, 2017
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ORDER granting 441 Motion to stay Enforcement of order signed by District Judge Morrison C. England, Jr on 10/18/17. (Kaminski, H)