Federal Deposit Insurance Company v. Ching et al
| Federal Deposit Insurance Company |
| Robert Ching, Eugene Even, Donald LeForce, Ellis Matthews, Luther McLaughlin, Robert Morgan, James Rickards, Gary Strauss, Hubert Townshend, John Coger and Keith Robbins |
| 2:2013cv01710 |
| August 19, 2013 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Edmund F. Brennan |
| Kimberly J. Mueller |
| Banks and Banking |
| Civil Miscellaneous Case |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
308
ORDER TO DISBURSE FUNDS signed by District Judge Kimberly J. Mueller on 3/20/18, ORDERING that the Clerk shall disburse the funds in deposit in the registry of this Court as detailed in this Order. (cc: Financial Dept) (Kastilahn, A)
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Filing
306
ORDER signed by District Judge Kimberly J. Mueller on 1/26/2018 ORDERING that the Defendants have not met their stringent burden to show the jury's verdict should be overturned. The court DENIES the motion for judgment as a matter of law. This order resolves ECF No. 299 . (Becknal, R)
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Filing
301
ORDER RE: DEPOSIT INTO COURT REGISTRY signed by District Judge Kimberly J. Mueller on 08/08/17 ORDERING that that Defendants may deposit with the registry of this Court $2,813,499.47. The Deposit shall be held by the registry of the Court, and r emain subject to General Order 573, unless and until submission of a joint stipulation by the FDIC-R and Defendants for disbursement, and/or upon issuance of further order from the Court as necessary to authorize any disbursement of the Deposit purs uant to the terms of the Stipulation. Pursuant to the Stipulation, the FDIC-R and Defendants shall file a new joint stipulation for stay of execution of judgment within 3 days of Defendants' Deposit. Plaintiff and Defendants reserve and do not waive any right to appeal the Judgment, the Verdict, or any other order of this Court (cc: Financial). (Benson, A.)
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Filing
296
ORDER signed by District Judge Kimberly J. Mueller on 6/8/2017 ORDERING that the court hereby enters judgment against defendants and for the FDIC as follows: A baseline damages award: $2,640,000; Pre-judgment interest: $141,219.04 (0.77� 37; per day from 8/20/2010 to 6/5/2017), plus $58.48 per day from 6/6/2017 to the date of this order; Post-judgment interest: 0.77% per day from the date of this order until judgment is paid in full; Defendants are jointly and severally liable for the total judgment. CASE CLOSED. (Zignago, K.)
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Filing
294
ORDER signed by District Judge Kimberly J. Mueller on 05/22/17 ORDERING that (1) The two jury awards in this case are duplicative, and therefore the baseline judgment award in this case is $2,640,000; (2) the final award shall include pre-jud gment interest, calculated at a rate of 0.77 percent from 08/20/10, through the judgment date, as well as post-judgment interest calculated at the same rate from the judgment date through the date the award is paid in full; and (3) defendants are jo intly and severally liable for the full judgment amount. The final award calculation will follow in a subsequent order. The FDIC's current calculation of interest is based on the baseline amount of $3,520,000, which the court has found t o be incorrect. The court therefore DIRECTS the FDIC to submit a new interest calculation, using the same 0.77 percent rate, and the corrected baseline amount of $2,640,000. The revised calculation is due within 14 days, and defendants' objection, if any, is due 7 days thereafter. (Benson, A)
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Filing
263
FINAL JURY INSTRUCTIONS signed by District Judge Kimberly J. Mueller on 11/15/2016. (Michel, G.)
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Filing
227
PRELIMINARY JURY INSTRUCTIONS signed by District Judge Kimberly J. Mueller on 10/31/2016. (Zignago, K.)
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Filing
225
ORDER signed by District Judge Kimberly J. Mueller on 10/28/2016 ORDERING The parties' motions in limine are resolved to the extent set forth in this order. This order resolves ECF Nos. 158 , 161 , 165 and 167 . (Reader, L)
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Filing
202
ORDER signed by District Judge Kimberly J. Mueller on 10/13/2016 GRANTING Plaintiff's 156 , 157 , 160 , 164 Motions In Limine; GRANTING IN PART Plaintiff's 159 , 162 Motions In Limine; GRANTING Defendants' 150 , 152 Motions In Limine; DENYING Defendants' 151 , 153 , 154 , 155 Motions In Limine; SUBMITTING 158 , 165 Motions In Limine upon receipt of supplemental briefing; DENYING the Motion to Exclude the purported resolution document re 161 Motion In Limi ne and SUBMITTING the other documents referenced in said motion; ORDERING the parties to submit a stipulation regarding an appropriate cutoff date re 163 Motion In Limine; RESERVING ruling on 166 Motion In Limine; ORDERING the defendants to provide the FDIC with any additional writings from Mr. Clinton that support his testifying as an expert, within seven days from the date of the hearing on Motions In Limine; RESERVING ruling on 167 Motion In Limine. (Michel, G.)
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Filing
195
AMENDED FINAL PRETRIAL ORDER signed by District Judge Kimberly J. Mueller on 6/28/16 ORDERING that parties' motions in limine are SET for 10/7/2016 at 10:00 a.m. in Courtroom No 3. The Jury Trial is SET for 10/31/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kastilahn, A)
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Filing
190
FINAL PRETRIAL ORDER signed by District Judge Kimberly J. Mueller on 6/8/16. Each party may make objections to this order within 14 days of the date it is filed. If no objections are filed, this order will become final without further order of this court. (Kastilahn, A) Modified on 6/8/2016 (Kastilahn, A).
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Filing
168
ORDER granting in part and denying in part 124 Motion for Summary Judgment signed by District Judge Kimberly J. Mueller on 5/26/16. (Kaminski, H)
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Filing
147
ORDER signed by District Judge Kimberly J. Mueller on 5/4/16 ORDERING that Plaintiff's Request to seal 127 is GRANTED. (Mena-Sanchez, L)
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Filing
146
ORDER signed by District Judge Kimberly J. Mueller on 05/03/16 ORDERING that 135 the Motion for Leave to file an Amended Answer is DENIED. (Benson, A)
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Filing
144
ORDER signed by District Judge Kimberly J. Mueller on 5/2/16. The Court hereby sets the following schedule on Motions in limine: (1) motions in limine to be filed by 5/13/16; (2) oppositions to Motions in limine to be filed by 5/27/16; and (3) hearing on motions in limine, if any, to be set by subsequent Court order.(Mena-Sanchez, L)
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Filing
125
ORDER signed by District Judge Kimberly J. Mueller on 02/02/16 ORDERING that the 122 Notice of Request to Seal Document is DENIED. If FDIC-R again files such an unsupported request to seal, the court cautions it will be required to show cause why it should not be subject to monetary sanctions. (Benson, A)
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Filing
117
ORDER signed by Judge Kimberly J. Mueller on 12/1/2015 DENYING defendants' 94 Motion for Reconsideration of 7/27/2015 86 Order denying Motion for Summary Judgment. (Marciel, M)
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Filing
113
ORDER signed by Magistrate Judge Edmund F. Brennan on 11/2/15: HEARING as to 106 Motion to Compel RESET for 11/18/2015 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. (Kaminski, H)
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Filing
105
ORDER signed by Judge Kimberly J. Mueller on 10/1/2015 GRANTING plaintiff's 103 Ex Parte Application. Discovery shall be completed by 11/13/2015. Expert Witnesses Disclosures shall be made by 11/27/2015. Any Supplemental Expert Disclosures sh all be made by 11/27/2015. Any Supplemental Expert Disclosures longer than 12/11/2015. Expert Discovery shall be completed by 1/1/2016. Dispositive Motions shall be heard no later than 2/19/2016. Joint Pretrial Conference Statement shall be be submit ted by 4/29/2015. Final Pretrial Conference is RE-SET for 5/20/2016 at 3:30 PM and Jury Trial is CONTINUED to 6/20/2016 at 9:00 AM in Courtroom 3 (KJM). Parties are referred again to terms of Court's Pretrial Scheduling Order which apply equally to aforementioned dates. (Marciel, M)
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Filing
96
STIPULATED PROTECTIVE ORDER Re: Production of Documents by Non-Party Federal Deposit Insurance Corporation signed by Judge Kimberly J. Mueller on 8/27/15. (Becknal, R)
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Filing
93
ORDER signed by Magistrate Judge Edmund F. Brennan on 8/20/2015 DENYING Defendents Motions to Compel 87 , 88 without prejudice and the 8/26/2015 hearing thereon is VACATED. (Reader, L)
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Filing
86
ORDER signed by Judge Kimberly J. Mueller on 7/24/2015 DENYING 45 Defendants' Motion for Summary Judgment. (Reader, L)
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Filing
84
STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 5/7/15 ORDERING that the Joint Protocol for Electronically Stored Information submitted by the parties as Exhibit 1 to the Stipulation is approved and shall apply to the production of electronically stored information in this action. (Mena-Sanchez, L)
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Filing
73
ORDER signed by Judge Kimberly J. Mueller on 3/13/2015. The FDIC shall, within 14 days, file any Supplemental Briefing as allowed above. Thereafter, defendants shall have 7 days to file a Supplemental Reply addressing any arguments in FDIC's Supplemental Briefing. The Supplemental Briefing and Supplemental Reply shall not exceed 10 pages each. (Marciel, M)
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Filing
62
ORDER signed by Judge Kimberly J. Mueller on 2/24/15 ORDERING that plaintiff's request to seal documents is GRANTED. The minor redactions in the plaintiff's briefing also are APPROVED. The Clerk is directed to file under seal the documents submitted by plaintiff in support of its opposition (ECF Nos. [58-3], [58-4], [58-5]) and the unredacted versions of the Opposition and Separate Statement of Facts submitted with the Opposition (ECF Nos. 58 ,[58-1]).(Kastilahn, A)
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Filing
40
ORDER granting in part and denying in part 19 Motion for Summary Judgment signed by Judge Kimberly J. Mueller on 7/8/14. (Kaminski, H)
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Filing
22
AMENDED ORDER signed by Judge Kimberly J. Mueller on 3/27/14: The motion for summary judgment is due by 3/28/14, with opposition due by 4/11/14 and reply by 4/18/14, with the motion to be heard on 4/25/14. Request to Seal Document(s) filed by Federal Deposit Insurance Company is GRANTED. (Kaminski, H)
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Filing
18
ORDER signed by Judge Kimberly J. Mueller on 3/27/2014 ORDERING that the parties' 17 Stipulation is ADOPTED and the motion for summary judgment is due by 3/28/14, with opposition due by 4/11/14 and reply by 4/18/14, with the motion to be heard on 4/15/14. The 15 Notice of Request to Seal Document(s) filed by Federal Deposit Insurance Company is GRANTED. (Zignago, K.)
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Filing
14
PROTECTIVE ORDER (with modifications) signed by Judge Kimberly J. Mueller on 2/12/2014 regarding confidentiality and non-disclosure. (Waggoner, D)
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