Plan Board of Sunkist Retirement Plan v. Harding & Leggett, Inc.

Filing 26

STIPULATION and ORDER to Take Judgment Debtor Examination OFF Calendar: Pursuant to the parties stipulation, the judgment debtor hearing exam scheduled for January 23, 2015 at 9:00 a.m. is VACATED. The parties need not appear. signed by Magistrate Judge Barbara A. McAuliffe on 1/21/2015. (Herman, H)

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LARRY A. WALRAVEN (S.B. #143327)
[e-mail]
NICOLE E. WURSCHER (S.B.#245879)
[e-mail]
WALRAVEN & WESTERFELD LLP
101 Enterprise, Suite 350
Aliso Viejo, California 92656
Telephone: [phone]
Facsimile: [phone]
RUSSELL W. REYNOLDS (S.B. #138075)
[e-mail]
COLEMAN & HOROWITT, LLP
Attorneys at Law
499 W. Shaw Ave., Ste. 116
Fresno, California 93704
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Creditor PLAN BOARD OF
SUNKIST RETIREMENT PLAN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASE NO. 1:12-mc-00048-BAM

PLAN BOARD OF SUNKIST
RETIREMENT PLAN,

STIPULATION AND ORDER TO
TAKE JUDGMENT DEBTOR
EXAMINATION OFF CALENDAR

Plaintiff,
vs.

Dept.:
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Hon. Barbara A. McAuliffe

HARDING & LEGGETT, INC.,
Defendant.

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WHEREAS, pursuant to prior stipulation by the parties and the Court’s
availability, the Court ordered Harding & Leggett, Inc. to appear for a Judgment Debtor
Examination on January 23, 2015, at 9:00 a.m.;

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STIPULATION & ORDER TO
TAKE JUDGMENT DEBTOR EXAM OFF CALENDAR
1:12-mc-00048-BAM

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WHEREAS, Defendant Harding & Leggett, Inc. (“Defendant”) and

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Plaintiff Plan Board of Sunkist Retirement Plan (“Plan Board”) have continued to work

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together to informally provide information concerning Defendant’s assets, liabilities, and

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the ownership structure of Defendant;

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WHEREAS, Defendant has substantially complied with the terms of the

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prior stipulations, and has provided the Plan Board with various status reports concerning

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its asset sales efforts; has provided financial statements, including Profit & Loss

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statements; and has made substantial payments toward the Judgment(s) at issue;

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WHEREAS, the parties wish to avoid the time and expense of travel and
appearance for the examination;
NOW, THEREFORE, the parties do hereby stipulate to take the Judgment

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Debtor Examination, the Honorable Barbara A. McAuliffe presiding, OFF

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CALENDAR, with any and all objections to the scope of the Judgment Debtor

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Examination and the Subpoena preserved.

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DATED: January _21___, 2015 WALRAVEN & WESTERFELD LLP
LARRY A. WALRAVEN
NICOLE E. WURSCHER

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By /s/ Nicole E. Wurscher
Nicole E. Wurscher
Attorneys for Plaintiff
Plan Board of Sunkist Retirement Plan

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DATED: January _21___, 2015 COLEMAN & HOROWITT, LLP
RUSSELL W. REYNOLDS

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By /s/ Russell W. Reynolds
Russell W. Reynolds
Attorneys for Plaintiff
Plan Board of Sunkist Retirement Plan

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STIPULATION & ORDER TO
TAKE JUDGMENT DEBTOR EXAM OFF CALENDAR
1:12-mc-00048-BAM

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DATED: January _21___, 2015. MURPHY AUSTIN ADAMS SCHOENFELD
LLP
LISA D. NICOLLS

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By /s/ Lisa D. Nicolls
Lisa D. Nicolls
Attorneys for Defendant
Harding & Leggett, Inc.

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ORDER
Pursuant to the parties’ stipulation, the judgment debtor hearing exam scheduled

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for January 23, 2015 at 9:00 a.m. is VACATED. The parties need not appear.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

January 21, 2015

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A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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STIPULATION & ORDER TO
TAKE JUDGMENT DEBTOR EXAM OFF CALENDAR
1:12-mc-00048-BAM

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FOURTH STIPULATION & ORDER TO
CONTINUE JUDGMENT DEBTOR EXAM
1:12-mc-00048-BAM