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I Background ct n <br /> 2 On Monday,April 8, 1996,all parties,by and through their counsel,.met in settlement with <br /> the undersigned.' At the conclusion of that day's proceedings, the case had not settled,but further <br /> 4 conferences appeared advisable. The parties and the court communicated by telephone and;facsimile <br /> 5 over the next few days; finally,the"Bokidee defendants'requested that the court meet wish al., <br /> defendants except for defendant:Douglas:so that further discussions could be had regarding a <br /> 7 settlement between plaintiff;FDIC and all defendants save Douglas,and among all defendants <br /> 8 themselves save Douglas.. After reflecting on the propriety of holding.a settlement conference with <br /> less than all the parties, the court decided to convene all the defendants save Douglas at 3:34 p.m on <br /> 10 April 1:711.996.1 <br /> 11 Plaintiff and the defendant parties.approved settlement with a condition subsequent on <br /> 12 April 17J996,andFDIC's Credit:Committee ratified the proposed settlement reached by;its counsel <br /> 13 on April 22, 1996. Therefore,except for the dispute between FDIC and defendant Douglas;all parties <br /> 14 have reached settlement in this matter as to the group of defendants and FDIC,and among the group of <br /> 15 defendants themselves. Any crass-claims that Douglas may have against any of the other defendants <br /> 16 have also not been settled,but may be resolved in goad faith settlement proceedings. <br /> 17 The court will commit the;general points of settlementto a; memorandum which will be <br /> 18 placed in its file and-discarded when the condition subsequent to settlement has been satisfied,and the <br /> l9 <br /> 20 <br /> ...Only litigation counsel whoattended the:conference'will be_listed here: Plaintiff,FDIC <br /> 21 (succeeding Party to C2ty Thrifty and Loan Association)--Craig Allison, Steven Goldberg,Defendants:: <br /> Douglas Dil Co: Lar�vrence J. straw;."Texaco--C'rrent Guerra;;L7nion tJil Co.--David 1VI. Shell;Arai-_ <br /> 11�,aandall llilorrison;Autotrorics ei.al .Gretchen R.Stroud; 1V1e1 Bokicies Petroleum=Elisabeth. <br /> Humphreys;llary Lehmkuhl--Jahn P, Coleman; Leroy and Edward Hoegerman--Craig Rasmussen <br /> 23, 'During the settlement cotiference,the court referenced the ofd$ite defendants as the".Btiltidea" <br /> 24 defendants, and.will continue to do so here. <br /> 2.5 'Without comme.nting.;on the.speeif a settlement positions of all the parties,the covert decided that <br /> ail of the parties were adverse to 4.particular term that Douglas was insisting upon, therefore,there. <br /> 26 appeazed'to be little value in having 13o0glas attend the conference after it had.communicated.its <br /> insistence.on-this particular term.. <br /> 2` <br />