SETTLEM~~T AND RF..LEASE AGREEMENT 

This Settlement and Release Agreement ( .. Agreement") is made by, between. and 

among the l()llowing undersigned parties: 

The Plaintiff Federal Deposit Insurance Corporation as Receiver for Tarnal pais 

Bank ("'FDIC-R''), and Allan Bortel. Mark Ciarwood, Nancy Grauten, Carolyn !loran, Michael 

Rice, William Tappan. and James Williams (collectively the ··Settling Defendants'') 

(individually, the FDIC-R, and the Settling Defendants may be rl:! ferred to herein as ··Pany"' and 

collectively as the .. Parties"). 

RECITALS 

WHEREAS, prior to April 16, 20 I 0. Tamalpais Bank ("Bank") was a depository 

institution organized and existing under the laws of California: and 

WHEREAS, On April 16, 20 I 0. the Califomi a Department of Finnncial 

Institutions closed the Hank and pursuant to 12 lJ.S.C. § 1821 (c). the Federal Deposit Insurance 

Corporation \vas appointed Receiver. In accordance with 12 LJ.S.C. § 182 1 (d), the FDIC-R 

succeeded to al! ri ghts. titles, povvers and privileges of the Bank, including those with respect to 

its assets; and 

WIIEREAS, among the assets to which the FDIC-R succeeded were all of the 

Bank's claims, demands, and causes of action against its former directors. oflicers, and 

employees arising from the performance. nonperformance. and manner of perfonnance of their 

respective functions. duties and acts as directors, oflicers, and employees of the Bank: and 

WIIEREAS, on January 27, 2014, the fDIC-R tiled a complaint for money 

darnagi:!S against the Settling Defendants. and Richard Smith, now deceased, each of whom 

served at various times as a director and/or ofticer of the Bank. Those claims for damages arc 

now pending in the United States District Court for the Northern District of California in FDIC 

as Receiver.fhr Tamalpais Bank v. Garwood c:t a/., Case No. 3: 14-00390 (N.D. Cal.) ("0&0 

Action''). The Settling Defendants have denied liability in the D&O Action~ and 

WI lEREAS. the undersigned Parties deem it in their best interests to enter into 

this Agreement to avoid the uncertainty and expense of further litigation. 

NOW, TIIEREFORE, in consideration of the promises, undertakings. payments. 

and rc leases stated herein. the sufficiency of which consideration is hereby acknowledged. the 

undersigned Parties agree, each with the other. as ta llows: 

SECTION 1: Payment to FDIC-R 

!\. As an essential covenant and condition to this Agreement. on or before 

((>rty-tlvt! (45) calendar days fo llowing the date the Parties execute this Agreement and FDICR 's provision of all necessary payment instructions (v.'hichever comes later), the sum of Nine 

Million Dollars and 001100 ($9,000,000.00) ("the Settlement Payment'') shall be paid on behalf 

ofthe Settling Defendants as set forth below. 
£3. The Settlement Payment shall be delivered to FDIC-R by direct wire 

transfer into an account designated by FDIC-R by notice to the attorneys for the Settling 

Defendants. In the event that the Settlement Payment is not delivered to FDIC-R by the date 

determined by Subsection A above. interest shall accrue on all unpaid amounts at the rate 

calculated in accordance with 26 U.S.C. * 6621 (a)(2) trom the date determined by Subsection A 

above until the date of payment. f'DIC-R sha ll prov ide all necessary payment instructions no 

later than tive calendar days after full execution of this Agreement. 

C. If FD IC-R does not recci vc the Settlement Payment in full on or bcf{1re the 

date determined by subsection A above, then FDIC-R, in its sole discretion. shall have the right 

at any time prior to receipt of the Settlement Payment in full (including all accrued interest) to: 

I. Extend the period of time for the Settlement Payment. including 

interest accruing trom the date determined by subsection A above, through the date of payment 

at a rate calculated in accordance with 26 U .S.C. § 662 1 (a)(2); or 

2. Enforce this Agreement, in which event the Settling Defendants 

agree to jurisdiction in the United States District Court tor the Northern District of California; or 

3. Terminate the Agreement, move to vacate any dismissal order to 

which the Settling Defendants agree to consent. return any settlement payments previously made, 

and re-institute the D&O Action. The Settling l)ef{;ndants li1rther agree to waive any defense 

based on any statute or limitations defense that did not exist prior to the execution of this 

Agreement and would bar any of the f'DIC-R's claims and waive all objections. detenses. claims 

or counterclaims that did not e:-<ist or were otherwise unavailable as of the date this Agreement 

was fully executed and covenant and agree not to assert any objections. defenses, claims or 

counterclaims that did not exist or were otht:r\vise unava ilable as of the date this Agreement was 

fully executed: and/or 

4. Seek any other relief available to it in law or equity. 

Any extension of time under Section I. C. I t(x delivery of the Settlement Payment 

or acceptance of a portion ofthe Settlement Payment shall not prejudice the FDIC-R's rights to 

take any of the actions set f<.mh in Section l.C.2 through I.C.4 at any time prior to receipt of 

Settlement Payment (int:luding all accrued interest) in full. 

SECTION ll: Stipulation and Dismissa l 

Within ten business days after the latter of (I) filii execution of this Agreement by 

all of the Parties, and (2) receipt of the Settlement Payment. plus any accrued interest, the FDICR shall tile a stipulation of dismissal with prejudice, executed by the attorneys for all Parties 

hereto. in the t()l"m attached hereto as Exhibit A, in the D&O Action. 

2.l ll! ()()];<1()](,9). 1 2 
SECTION III: Releases 

A. The FDIC-R"s Releases. 

Upon receipt of the Senlcmcnt Payment in full and except as provided in 

Section II I. D .. the FDIC-R. t(Jr itself and its successors and assigns. hereby releases and 

discharges: 

The Senling Defendants, Richard E. Smith and the Estate of Richard E. 

Smith, to the extent it exists, and their respective heirs. executors, trustees. administrators. 

insurers, representatives, successors, and assigns, from any and all claims. demands, obligations. 

damages, actions, and causes of action, direct or indirect. in law or in equity. belonging to the 

FDIC-R, that arise from or relate to. the perfi.mnance, nonpcrf()fmance, or manner of 

performance of the Settling Defendants' n.:spective functions, duties and actions as officers. 

employees, and/or directors of the Bank, including without limitation the causes of action alleged 

in the D&O Action. 

B. The Settlim! Defendants' Release. 

Effective simultaneously with the release granted in Section III.A. above, 

the Settling Defendants. on behalf of themselves individually, and their respective heirs, 

executors, trustees, administrators, agents. representatives. attorneys, successors, and assigns. 

hereby release and discharge the FDIC-R. and its employees. officers. directors, representatives, 

attorneys. successors and assigns, from any and all claims, demands, obligations. damages. 

actions, and causes of action. direct or indirect, in law or in equity, that arise from or relate to, 

the Bank or to the performance. nonperfi.mnance. or manner of per[()rmance of the Settling 

DeiCndants' respective functions. duties and actions as olliccrs. employees, and/or directors of 

the Bank. including without limitation the causes of action alleged in the D&O Action. 

C. Exceptions from Releases bv FDIC-R. 

l. Notwithstanding any other provision of this Agreement. the FDICR docs not release. and expressly preserves fully and to the same extent as if this Agreement had 

not heen executed, any claims or causes of action: 

a. Against the Settling Defendants, or any other person or 

entity fix liability. if any. incurred as the maker. endorser or guarantor of any promissory note or 

indebtedness payable or owed by them to FDIC-R, tht: Bank, other financial institutions, or any 

other person or entity, including without limitation any such claims acquired by FDIC-R as 

successor in interest to the Bank or any person or entity other than Bank; and 

b. Against any person or entity not expressly released by the 

FDIC-R in this Agreement. 

2. 1\otwithstanding any other provision of this Agreement. nothing in 

this Agreement shall be construed or interpreted as I imiting. waiving. releasing, or compromising 

the jurisdiction and authority of the Federal Deposit Insurance Corporation in the exercise of its 

supervisory or regulatory authority or to diminish its ability to institute administrative 

2318 0(1] 1901695.1 .3 
enforcement or other proceedings seeking removaL prohibition, or any other relief it is 

authorized to seck pursuant to its supervisory or regulatory authority against any person. 

3. Notwithstanding any other provision of this Agreement. this 

Agreement does not purport to waive, or intend to waive, any claims that could be brought by the 

United States through the Department of Justice. the United States Attorney's Office for any 

federal judicial district, or any other department or agency of the United States as defined by 18 

U.S.C. § 6. In addition, the FDIC-R specifically reserves the right to seek court-ordered 

restitution pursuant to the relevant provisions of the Mandatory Victims Restitution Act, 18 

U.S.C. §§ 3322 and 3663 et. seq., if appropriate. 

SECTION IV: Waiver of Dividends and Proceeds from Litigation 

To the extent. if any, that Settling Defendants are or were shareholders ofthe 

Bank or its holding company and by virtue thereof are or may be entitled to a dividend. payment. 

or other distribution upon resolution of the receivership of the Bank or proceeds in any litigation 

Lhat has been or could be brought against the Federal Deposit Insurance Corporation in any 

capacity or against the United States based on or arising out of: in whole or in part. the closing of 

the Bank. or any alleged acts or omissions by the Federal Deposit Insurance Corporation in any 

capacity, the United States government. or any agency or department of the United States 

government in connection with the Bank. its conservatorship, or receivership. Settling 

Defendants hereby knowingly assign to the FDIC-R any and all rights, titles. and interest in and 

to any and all such dividends. payments. or other distributions. or proceeds. 

SECTION V: Representations and Acknowledgements 

A. Authorizt:d Signatories. All of the undersigned persons repr~sent and 

warrant that they arc Parties hereto or arc authorized to sign this Agreemenr on behalf of the 

respective Party. and that they have the fi.tll power and authority to bind such Party to each and 

every provision of this Agreement. This Agreement shall be binding upon and inure to the 

benefit of the undersigned Parties and their respective heirs, executors. trustees, administrators, 

representatives. successors and assigns. 

B. Advice of Counsel. Each Party hereby acknowledges that he. she, or it has 

consulted with and obtained the advice of counsel prior to executing this Agreement. and that 

this Agreement has been explained to that Party by his or her counsel. 

2318 001 ;'.)() 1 ()<.l).l 

C. Release of Unknown Claims. 

California Civil Code§ 1542 states: 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS 

WIIICIJ TilE CREDITOR DOES NOT KNOW OR SUSPECT 

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF 

EXECUTING THE RELEASE, WHICH IF KNOW BY HIM OR 

HER \.1\JST HAVE MATERIAI.I.Y AFFECTED HIS OR HER 

SETH .EMENT WITH THE DEBTOR. 

4 
(b)(6) 

The Parties are aware of the contents ofCalif()mia Civil Code§ 1542, and 

understand and agree that this section and the bene tits thereof~ if applicable. are hereby expressly 

waived. It is understood and agreed that the releases of the Settling Defendants and defendant 

Richard E. Smith and the Estate of Richard E Smith to the extent it exists herein shall apply to all 

unknown, unanticipated. unsuspected or undisclosed Claims based on the Settling Defendants' 

actions or failures to act in their respective capacities as directors, otlicers and/or employees of 

the Bank. as well as known, anticipated, suspected or disclosed Claims, released in Section Ill 

above. Nothing herein shall be construed to create a general release. 

SECTION VI: Reasonable Cooperation 

A. The Parties agree to cooperate in good faith to effectuate all the terms and 

conditions of this Agreement, including doing. or causing their agents and attorneys to do. 

whatever is reasonably necessary to etfectuate the signing, delivery, execution, tiling. recording. 

and entry, of any documents necessary to conclude the D&O Action and to otherwise perform 

the terms of this Agreement. 

SECTION VII: Other Matters 

!\. No Admission ofLiabilitv. The undersigned Parties each acknowledge 

and agree that the matters set fi:>rth in this Agreement constitute the settlement and compromise 

of disputed claims and defenses. that this Agreement is not an admission or evidence of liability 

or infirmity by any of them regarding any claim or defense. and that the Agreement shall not be 

offered or received in evidence by or against any Party except to en force its terms. 

B. Execution in Counterparts. This Agreement may be executed in 

counterparts by one or more of the Parties and all such counterparts when so executed shall 

together constitute the tinal Agreement, as if one document had been signed by all Parties; and 

each such counterpart, upon execution and delivery, shall be deemed a complete originaL 

binding the Parties subscribed thereto upon the execution by all Pa11ies to this 1\greemenl. 

C. Choice of Law. This Agreement shall he interpreted. construed and 

enforced according to applicable federal law, or in its ahscnce, the laws of the State of 

Calif()rnia. 

D. Notices. Any notices required hereunder shall be sent by registered mai I. 

first class. return receipt requested, and by email. to the f()))owing: 

If to the FDIC-R: 

John C. Lctteri 

FEDERAL DEPOSIT INSURANCE CORPORATION 

350 I Fairfax Drive 

Arlington, Vi\ 22226-3500 

··············L-1 ____ ....... 

23il(.00l!'l016q5.1 5 
Jfto the Settling Defendants: 

Christine A. Scheuncman. Esq. 

Rebecca Tierney. Esq. 

Pillsbury Winthrop Shaw Piltman LLP 

725 South Figueroa Street, Suite 2800 

l.os Angeles, CA 90071-2228 

Christopher C. Cooke. Esq. 

Jeffrey W. Kobrick, Esq. 

Cooke Kobrick & Wu U.P 

177 Bovet Road, Suite 600 

San Mateo. CA 94402 

E. Entire Agreement and Amendments. This Agreement constitutes the 

entire agreement and understanding between and among the undersigned Parties concerning the 

matters set forth herein and supersedes any prior agreements or understandings. This Agreement 

may not be amended or modified, nor may any of its provisions be waived, except in writing 

signed by the Parties bound thereby. or by their respective authorized anorney(s). or other 

representative( s). 

F. Titles and Captions. All section titles and captions contained in this 

Agreement arc f(u· convenience only and shall not affect the interpretation of this i\greemenl. 

G. No Confidentiality. The undersigned Pa11ies acknowledge that this 

Agreement shall not be confidential and will be disclosed pursuant to the federal Deposit 

Insurance Corporation's applicable policies. procedures. and other legal requirements. 

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be 

executed by each of them or their duly authorized representatives on the dates hereinafter 

subscribed. 

FEDERAL DEPOSIT INSURANCE 

CORPORA TJON AS RECEIVER FOR 

TAMALPAIS BANK 

By: 

Its: 

Dated:-------------

ALLAN BORTEL 

Dated:-------------

2318 011 I /90 l6'l5 l 

MARK GAR WOOD 

Dated:-------------

6 
If to the Settling Defendants: 

Christine A Scheuneman, Esq. 

Rebecca Tierney, Esq. 

Pillsbury Winthrop Shaw Pittman LLP 

725 South Figueroa Street, Suite 2800 

Los Angeles, CA 90071-2228 

Christopher C. Cooke, Esq. 

Jeffrey W. Kobrick, Esq. 

Cooke Kobrick & Wu LLP 

177 Bovet Road, Suite 600 

San Mateo, CA 94402 

E. Entire 1\m~cement and Amendments. This Agreement constitutes the 

entire agreement and understanding between and among the undersigned Pat1ies concerning the 

mutters set forth herein and supersedes any prior agreements or understandings. This Agreement 

may not be amended or modifi ed, nor may any of its provisions be waived, except in writing 

signed by the Parties bound thereby, or by their respective authori7.ed attomcy(s), or other 

represeutative(s). 

F. Titles and Captions. All section titles and captions contained in this 

Agreement arc for convenience only and shall not affect the interpretation of this Agreement. 

G. No Confidentiality. The undersigned Parties acknowledge that this 

Agreement shall not be confidential and will be disclosed pursuant to the Federal Deposit 

Insurance Corporation's applicable policies, procedures, and other legal requirements. 

IN WITNESS WHEREOF, the Parties hereto huvc caused this Agreement to be 

executed by each of them or their duly authorized representatives on the dates hereinafter 

subscribed. 

FEDERAL DEPOSIT INSURANCE 

COJU>ORATION AS RECEIVER FOR 

TAMALPAIS BANK 

(b)(6) __ ~~· I / 2 \ '-""J ,_ ~- > 

Dated: ---'-A"-l· p~'.;...;r._,_\ __;,;tlo~ (;) 'S ____ _ \J \ 

AlLAN 130RTEL 

Dated: __________ _ 

23 18.001/90 1695. I 

MARK GARWOOD 

Dated: ___ _ 

6 
1 f to the Settling Defendants: 

Ch.ristint:: A Scheuneman. Esq. 

Rebecca Tierney, Esq. 

Pillsbury Winthrop Shaw Pittman LLP 

725 South Figueroa Street, Suite 2800 

Los Angeles, CA 90071 -2228 

Christopher C. Cooke, Esq. 

Je1Trey W. Kobrick, Esq. 

Cooke Kobri ck & Wu LLP 

177 Bovet Road. Suite 600 

San Vlatco, CA 94402 

E. Entire Agreement and Amendments. This Agreement constitutes the 

entire agreement and understanding between and among the undersigned Parties concerning the 

matters set forth herein and supersedes any prior agreements or understandings. This Agreement 

may not be mm:ndcd or modified, nor may any of its provisions be waived, except in writing 

signed by the Parties bound thereby, or by their respective authorized attorncy(s}, or other 

representative( s). 

r. Titles and Captions. All section titles and captions contClined in this 

Agreement arc t(>r convenience only and shall not a fleet the interpretation of this Agreement. 

G. No ConfidentialitY. The undersigned Parties acknowledge that this 

Agreement shall not be confidential and will be disclosed pursuant to the Federal Deposit 

Insurance Corporation's applicable policies, procl:!dures. and other legal requirernl:nts. 

IN WITNESS WHEREOF, the Pm1ics hereto have caused this Agreemem to bl:" 

executed by ench of them or their duly authorized representatives on the dates hereinafter 

subscribed. 

FEDERAL DEPOSIT INSURANCE 

CORPORAT!Ol\ AS RECEIVER FOR 

T AMALPAIS BANK 

By: 

Its: 

Dated: 

ALLAN BORTEL 

(b)(6) H OOOOOOOOOOOOOOOOOOO I H OOOOOOOOOOOOOOOOOOOOO 

==============~----

Dated: !. : /'6 . : .., ~--~,~~-------------------

!,: .. 

2.\ 1~ 001i91)169S I 

MARK GAR WOOD 

- --····-··---· 

Dated: 

-------------------------

6 
If to the Settling Defendants: 

Christine A. Schcuncman. Esq. 

Rebecca Tierney. Esq. 

Pillsbury Winthrop Shaw Pittman U.P 

725 South Figueroa Street. Suite 2800 

Los Angeles. CA 90071-2228 

Christopher C. Cooke, Esq. 

Jeffrey W. Kobrick. Esq. 

Cooke Kobrick & W u LLP 

177 Bovct Road. Suite 600 

San Mateo, CA 94402 

E. Entire Agreement and Amendments. This Agreement constitutes the 

entire agreement and understanding between and among the undersigned Parties concerning the 

matters set to11h herein and supersedes any prior agret:ments or understandings. This Agreement 

may not be amended or modi tied, nor may any of its provisions be waived, except in writing 

signed by the Parties bound thereby, or by their respective authorized attorney(s), or other 

representative(s ). 

F. Titles and Captions. All section titles and captions contained in this 

Agreement are for convenience only and shall not affect the interpretation of this Agreement. 

G. No Confidentiality. The undersigned Parties acknowledge that this 

Agreement shall not be confidential and will be disclosed pursuant to the Federal Deposit 

Insurance Corporation's applicable policies. procedures, and other legal requirements. 

IN WITNESS WHEREOF. the Parties hereto have caused this Agreement to he 

executed by each of them or their duly authorized representatives on the dates hercinaficr 

subscribed. 

FEDERAL DEPOSIT INSURANCE 

CORPORATION AS RECEIVER FOR 

TAMALPAIS BANK 

By: 

Its: 

Dated: ---------------------------

ALLAN BORTEI. 

Dated: --------------

MARK GARWOOD 

I 

Dated:-------------

6 
NANCY GR/\lJTEN 

Dat~d: ------------

MICHAEL RICE 

Dated:------------

JAMES WILLIAMS 

Dated:------------

2.ll ~ ()()] i<)(l] ti95.1 

CAROLYN HORAN 

Dated: ___________ _ 

WILLIAM TAPPAN 

Dated:------------

7 
(b)(6) _ ~~~:I FN 1 

Dated: - --·· 4-11511 S"" 

CAROLYN HORAN 

Dated:-- - - --- - - --

IV!ICHAEL RICE WJLLJAM TAPPAN 

Dated:-- ----- - - -- Dated:-- - - --- - - --

JAME.S WTLLIAMS 

Dated: 

7 

,.. 
NANCY GRAUTEN CAROLYN lJORAN 

Dated:------------

MICHAEL RlCE WILLIAM TAPPAN 

Daled: ___________ _ Oated: ------------

.JAMES WILLIAMS 

Dated: 

~31 !( !lt.l !f'll.llt-'J5.1 7 
NANCY GR/\UlEN CAROLYN i!ORAN 

Dated: ___ _ _ Dated: _ _____ ____ _ _ 

MICIIAEL RICE WlLUMv1 T,'\PPAN 

(b )(6 t ............................................................. ·-····! ...... _ ....... .._ ........... _ ............. _ ............. _ ....... __ -----JL 

Dated: -.-.... -... ~L{ L ___ I .S--- . _ _ _ Dn•ed: 

JAMES WILLIAMS 

D atcLI: ·---·-------··---

7 
NANCY GRA!JTEN CA ROLYN HORAN 

Dated: ------------ Dated:---------

MICHAEL RICE WILLIAM TAPPAN I .......................... ! ···································· .................................................. {l.?.)(§) 

Dated:------------ Dated:-------------

JAMES WILLIAMS 

Dated: 

23 13.00I;<J()I6<JS I 7 
NANCY GRA uTEN CAROLYN HORAN 

Dated:------------ Dated: - -----------

MICHAEL RICE WILLIAM TAPPAN 

Dated: - - - --------- Dated:------------

.JAM ES WJJ.:LIAMS 

(b)(6) .............................. ':-, ............. _ .............. ............... _ _ .......... ___ ___.l .1 I 

Dated1. (!('I t' /f:·,. /.r} u; -

2:J lli.UOINOici\15. I 7 
EXHIBIT "A" 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

FEDERAL DEPOSIT INSURANCE 

CORPORATION AS RECEIVER FOR 

TAMALPI\IS BANK, 

Plaintif( 

MAR:·GAR WOOD; ALLAN BORTEL; l 

RICHARD SMITH; CAROLYN HORAN; 

JAMES WILLIAMS; JEFfREY TAPPAN·l 

MICHAEL RICE, and NANCY GRAU EN~ 

Defendants. 

- ---··----·---- ----

Case No. 3: 14-cv-00390-WHO 

.JOINT STIPULATION 

DISMISSING ACTION WITH 

PRE.JUDICE PURSUANT TO 

FED. R. CIV. P. 4l(a)(l) 

Pursuant to Rule 41(a)(l) orthe Federal Rules ofCivil Procedure. Plaintiff 

1-'ederal Deposit Insurance Corporation as Receiver ror Tamalpais Oank ("FDIC-R"') and 

Defendants Mark CJarwood, 1\llan Bortcl, Ca rolyn Horan, James Vlill iams. Michael Rice. and 

Nancy Grauten ("Defendants'') respectfi.J ily inform that the matter has settled and the Settlement 

Agreement has been consummated. 

Fed. R. Civ. P. 41 (a}( l )(A) provides that an action may be dismissed by the 

plaintiff without order of the court by liling: (i) a notice of dismissal before the opposing party 

serves either an answer or a motion for summary jud ment~ or (ii) a stipulation of dismissal 

signed by all parties who have appeared. Here. all parties to this litigation who have appeared 

have signed and consented to the dismissal with prejudice of this action. 

The FD IC -R has recci vcd the Settlement Payment. Therefore. Plaintiff tiles this 

notice of voluntary dismissal with prejud ice of the above styled case aga inst Defendants and 

Richard E. Smith. Plaintiff and Defendants have agreed that each party is to bear its own fees 

and costs. 

2.> 1 R OOINO 16'>:\ I 8 
SO STIPUL..A TF.D. 

DATED: April_. 2015 

DATED: April_, 2015 

DATED: April _. 20 15 

IT IS SO ORDERED: 

DatL:d: --··-··----··---' 2015 

231 ~ 001 ;9() 16951 

HARTKO, ZANKEL HUNZEL & MILLER 

A Professional Law Corporation 

By: -----.---:-----.,..,..,..-------- Charles G. Miller 

Artorneys tlx Plaintitl 

FEDERAL DEPOSIT INSURANCE 

CORPORATION. as Receiver tor Tamalpais Bank 

of San Rafael. California 

PILLSBURY WINTHROP SHAW PITTMAN LLP 

Hy: ---=--:--:--,--..,......_,-------- Christine A. Schcuncman 

Attorneys for Delendants 

MARK GARWOOD. ALLAN BORTEL 

CAROLYN HORAN. JAMES WILLIAMS, 

JEFFREY TAPPAN and NANCY GRAUTEN 

COOKE KOBRJCK & WU LLP 

By: -----=-..,------,--..,---,-------- Christopher Cooke 

ORDER 

Attorneys lor Delendant 

MICHAEL RICE 

UNITED STATES DISTRICT JUDGE 

9