Paskenta Band of Nomlaki Indians et al v. Crosby et al

Justia Dockets & Filings Ninth Circuit California Eastern District Paskenta Band of Nomlaki Indians et al v. Crosby et al

Paskenta Band of Nomlaki Indians et al v. Crosby et al

Plaintiff:	Paskenta Band of Nomlaki Indians and Paskenta Enterprises Corporation
Defendant:	Ines Crosby, John Crosby, Leslie Lohse, Larry Lohse, Ted Pata, Juan Pata, Chris Pata, Sherry Myers, Frank James, Umpqua Bank, Umpqua Holdings Corporation, Garth Moore, Garth Moore Insurance and Financial Services, Inc., Associated Pension Consultants, Inc., Haness & Associates, LLC, Robert M. Haness, The Patriot Gold & Silver Exchange, Inc., Norman R. Ryan and Quicken Loans Inc.
Case Number:	2:2015cv00538
Filed:	March 10, 2015
Court:	US District Court for the Eastern District of California
Office:	Sacramento Office
County:	Tehama
Presiding Judge:	Craig M. Kellison
Presiding Judge:	Garland E. Burrell
Nature of Suit:	Racketeer Influenced and Corrupt Organizations
Cause of Action:	18 U.S.C. § 1961
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
February 7, 2024	Filing 597 STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 02/06/24 ENTERING FINAL JUDGMENT as to Defendants Ines Crosby and John Crosby. CASE CLOSED (Licea Chavez, V)
September 29, 2023	Filing 588 STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 09/29/23 DISMISSING Plaintiffs' claims in the action against Defendant Sherry Myers in their entirety with prejudice. (Licea Chavez, V)
September 7, 2023	Filing 586 ORDER signed by Senior Judge Morrison C. England, Jr on 09/07/23GRANTING 585 Motion to Extend Deadlines. Plaintiffs' deadline to file Requests for Dismissal as to Defendants Chris Pata and Sherry is extended to 02/07/23. (Licea Chavez, V)
June 12, 2023	Filing 581 STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/09/23 CONTINUING the Settlement Conference to 7/27/2023 at 09:30 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney and DIRECTING the Parties to file their confidential settlement statements to the Court no later than 7 days prior to the Settlement Conference.(Licea Chavez, V)
May 25, 2023	Filing 576 ORDER signed by Senior Judge Morrison C. England, Jr on 5/24/2023 GRANTING 572 Motion. Defendant Ted Pata is hereby DISMISSED with prejudice. (Perdue, C.)
May 23, 2023	Filing 575 ORDER signed by Senior Judge Morrison C. England, Jr on 05/23/2023 ORDERING Defendant Sherry Myer's Answer is hereby STRICKEN and DIRECTING Plaintiffs to seek Entry of Default against this Defendant, not later than 20 days following the date this Order. (Rodriguez, E)
January 12, 2023	Filing 566 ORDER signed by Senior Judge Morrison C. England, Jr. on 1/11/2023 DISMISSING 565 with prejudice, pursuant to FRCP 41, Defendant Frank James, with each party bearing its own attorneys' fees and costs.(Reader, L)
June 17, 2022	Filing 557 STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 6/16/2022 ORDERING the Paskenta Band of Nomlaki Indians is the rightful owner and holder of all rights, interests, and title to and in the Subject Interests and the Proceeds. All rights, interests, and Title to and in the Subject Interests and the Proceeds is vested in the Paskenta Band of Nomlaki Indians. The CRP Entities shall pay and/or transfer, in accordance with instructions from the Paskenta Band of Nomlaki Indians, all rights, interest, and title to and in the Subject Interests and Proceeds, inclusive of any returns earned. (Zignago, K.)
April 1, 2022	Filing 554 STIPULATION AND ORDER signed by Senior Judge Morrison C. England, Jr. on 3/31/2022 ORDERING that Plaintiff Paskenta Band of Nomlaki Indians is relieved from any further obligations under the Court's 10/19/2017 Order Staying Enforcement of Fee Award. Plaintiffs' 543 Motion to Release Plaintiff From Obligations pursuant to said Order is accordingly DENIED as moot. (Mena-Sanchez, L)
February 8, 2022	Filing 548 ORDER signed by Senior Judge Morrison C. England, Jr. on 2/7/2022 ORDERING that Umpqua's 534 Motion for an award of attorneys' fees incurred on appeal is GRANTED in the amount of $756,882.20 as originally requested, in addition to the $6,359.50 expended in the preparation of its reply for a total of $763,241.70. (Mena-Sanchez, L)
September 27, 2021	Filing 542 ORDER signed by Senior Judge Morrison C. England, Jr on 9/27/21 GRANTING 504 Motion for right to attach order and prejudgment writ of attachment. Plaintiff has a right to attach property of defendant John Crosby in the amount of: $ 2,705,643.08. (Kaminski, H)
June 2, 2021	Filing 528 ORDER signed by Magistrate Judge Dennis M. Cota on 6/2/2021 GRANTING 486 , 487 , 488 Motions to Compel. Defendants' objections to the disputed discovery outlined in this order are OVERRULED. Defendants shall appear and testify at properly noticed depositions. Within 30 days of the date of this order, Defendants shall serve responses to the disputed written discovery. (Zignago, K.)
January 14, 2021	Filing 510 STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 1/14/2021 ORDERING that the Paskenta Band of Nomlaki Indians is the rightful owner and holder of all rights, interests, and title to and in the Subject Interests and the Proc eeds. All rights, interests, and Title to and in the Subject Interests and the Proceeds is vested in the Paskenta Band of Nomlaki Indians. The CRP Entities shall pay and/or transfer, in accordance with instructions from the Paskenta Band of Nomlaki Indians, all rights, interest, and title to and in the Subject Interests and Proceeds, inclusive of any returns earned. (Zignago, K.)
November 2, 2020	Filing 496 ORDER signed by Magistrate Judge Dennis M. Cota on 11/2/2020 ORDERING Plaintiffs' 494 notice is construed as a motion to continue. So construed, Plaintiffs' motion is GRANTED IN PART and DENIED IN PART. The hearing on Plaintiffs' motions to compel set for 11/4/2020, at 10:00 a.m., before the undersigned in Redding, California, is hereby VACATED. Plaintiffs' motions to compel are submitted on the papers without further briefing and without oral argument. (Zignago, K.)
May 27, 2020	Filing 483 MEMORANDUM and ORDER signed by Senior Judge Morrison C. England, Jr. on 5/26/2020 GRANTING Plaintiffs 467 Motion to Vacate Stay of Proceedings. The Clerk of Court is directed to lift the current stay and to denominate this matter as an active case. (Zignago, K.)
January 13, 2020	Filing 479 ORDER signed by Senior Judge Morrison C. England, Jr., on 1/10/2020 GRANTING 469 Motion to Withdraw as Attorney. The law firm of Keker, Van Nest & Peters LLP is TERMED as counsel of record for Defendants Ines Crosby, John Crosby, Leslie Lohse, L arry Lohse, Ted Pata, Juan Pata, Chris Pata, Sherry Myers, and Frank James, effective upon the filing of a proof of service of this signed Order on said Defendants. Defendants will be proceeding in propia persona, pending the submission of any substitution of counsel. (Kastilahn, A)
December 4, 2019	Filing 475 ORDER signed by District Judge Morrison C. England, Jr. on 12/4/2019. It is hereby ORDERED that the deadline to respond to Plaintiffs' Motion to Vacate the Stay of Proceedings is extended by sixty (60) days to allow Defendants to secure substitu te counsel. That extension also applies to any filing in response to Plaintiffs' Motion to be submitted by APC. Should said parties choose to do so, they are accordingly directed to respond to Plaintiffs' motion not later than February 3, 2020. Keker, Van Nest & Peters LLP is ordered to notify Defendants of this Order, notwithstanding the pending Motion toWithdraw as Counsel. (Deutsch, S)
July 19, 2018	Filing 457 STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 07/17/18 ORDERING that the Clerk is to REMOVE Dkt. Nos. 67-3, 67-4, 72-8, and 73-3 from the case file. Plaintiffs may file redacted copies of Dkt. Nos. 67-3, 67-4, 72-8, and 73-3. (Benson, A.)
October 19, 2017	Filing 448 ORDER granting 441 Motion to stay Enforcement of order signed by District Judge Morrison C. England, Jr on 10/18/17. (Kaminski, H)
July 27, 2017	Filing 433 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.)
May 11, 2017	Filing 424 MEMORANDUM and ORDER signed by District Judge Morrison C. England, Jr. on 5/10/2017 DENYING 366 Motion for Reconsideration. (Zignago, K.)
April 20, 2017	Filing 415 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)
March 28, 2017	Filing 413 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.)
February 21, 2017	Filing 379 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)
January 24, 2017	Filing 360 MEMORANDUM AND ORDER signed by District Judge Morrison C. England, Jr. on 1/24/2017 DENYING 72 Motion for Preliminary Injunction. (Michel, G.)
January 23, 2017	Filing 354 STIPULATION and PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 1/20/2017. (Washington, S)
January 11, 2017	Filing 347 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 9, 2017	Filing 342 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)
December 15, 2016	Filing 329 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.)
December 8, 2016	Filing 325 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)
November 14, 2016	Filing 306 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)
October 19, 2016	Filing 299 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)
October 13, 2016	Filing 297 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 Summary 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- Motions 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.)
August 3, 2016	Filing 268 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)
July 29, 2016	Filing 264 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.)
July 15, 2016	Filing 255 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.)
June 22, 2016	Filing 240 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.)
June 8, 2016	Filing 225 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 7, 2016	Filing 223 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 2, 2016	Filing 218 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. Plaintiff s' 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)
April 20, 2016	Filing 203 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 GRANT ED 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.)
April 13, 2016	Filing 199 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)
October 14, 2015	Filing 137 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)
October 5, 2015	Filing 136 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 1, 2015	Filing 135 STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 10/1/15 re: 133 ORDERING Leave to Amend. (Meuleman, A)
September 9, 2015	Filing 116 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)
August 31, 2015	Filing 111 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 dismi ssal 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 t hereto, 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)
August 17, 2015	Filing 102 ORDER signed by Judge Garland E. Burrell, Jr on 8/14/15 DENYING 72 Motion for Preliminary Injunction. (Meuleman, A)
August 14, 2015	Filing 101 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 5, 2015	Filing 100 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)
July 30, 2015	Filing 97 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)
July 28, 2015	Filing 94 STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig M. Kellison on 7/28/2015. (Zignago, K.)
July 14, 2015	Filing 89 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 13, 2015	Filing 81 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 10, 2015	Filing 79 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)
April 13, 2015	Filing 27 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)

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Search for this case: Paskenta Band of Nomlaki Indians et al v. Crosby et al
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Plaintiff: Paskenta Band of Nomlaki Indians
Represented By:	Stuart G. Gross
Represented By:	Andrew Michael Purdy
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Plaintiff: Paskenta Enterprises Corporation
Represented By:	Stuart G. Gross
Represented By:	Andrew Michael Purdy
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Defendant: Ines Crosby
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Defendant: John Crosby
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Defendant: Leslie Lohse
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Defendant: Larry Lohse
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Defendant: Ted Pata
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Defendant: Juan Pata
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Defendant: Chris Pata
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Defendant: Sherry Myers
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Defendant: Frank James
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Defendant: Umpqua Bank
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Defendant: Umpqua Holdings Corporation
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Defendant: Garth Moore
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Defendant: Garth Moore Insurance and Financial Services, Inc.
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Defendant: Associated Pension Consultants, Inc.
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Defendant: Haness & Associates, LLC
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Defendant: Robert M. Haness
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Defendant: The Patriot Gold & Silver Exchange, Inc.
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Defendant: Norman R. Ryan
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Defendant: Quicken Loans Inc.
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