Cohen v. Knutsen, et al.

Filing 12

STIPULATION and ORDER CONTINUING Scheduling Conference Pending Ruling on Motion to Remand (Doc. 11 ), Signed by Magistrate Judge Stanley A Boone on 7/5/2013. The Scheduling Conference currently scheduled for 7/23/2013 is CONTINUED to 8/27/2013 at 03:30 PM in Courtroom 9 before Magistrate Judge Stanley A Boone. (Arellano, S.)

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1 2 3 4 5 6 7 8 SEYFARTH SHAW LLP Kathleen Cahill Slaught (SBN 168129) Michelle M. Scannell (SBN 267767) 560 Mission Street, Suite 3100 San Francisco, California 94105-2930 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Cross-Defendant and Counter-Claimant WELLS FARGO & COMPANY CASH BALANCE PLAN, erroneously sued as WELLS FARGO & COMPANY, and Counter-Claimant WELLS FARGO & COMPANY 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA (FRESNO DIVISION) 11 12 13 TAMMIE S. COHEN, as Trustee of the C. STARK 2004 TRUST, Plaintiff, 14 15 16 v. SONJA DIANE KNUTSEN, aka, SONJA DIANE KNUTSEN STARK, 17 18 Defendant. _________________________________________ 19 SONJA DIANE KNUTSEN, an individual, 20 21 22 23 24 25 26 27 28 Cross-Complainant, v. WELLS FARGO & COMPANY, a Delaware corporation, and DOES 1-20, inclusive, Cross-Defendants. Case No. 1:13-cv-00687-LJO-SAB STIPULATION AND ORDER CONTINUING SCHEDULING CONFERENCE PENDING RULING ON MOTION TO REMAND 1 2 WELLS FARGO & COMPANY CASH BALANCE PLAN, an ERISA plan, and WELLS FARGO & COMPANY, a Delaware Corporation, 3 4 5 Counter-Complainants v. 7 SONJA DIANE KNUTSEN, an individual, TAMMIE S. COHEN, as an individual and as Trustee of the C. Stark 2004 Trust, and Does 1-10, inclusive, 8 Counter-Defendants. 6 9 Pursuant to Civil Local Rule 143, the parties to the above-entitled actions, through counsel, 10 jointly submit this Stipulation and Proposed Order Continuing Case Management Conference Pending 11 Ruling on Motion to Remand, as follows: 12 13 WHEREAS, on May 9, 2013, Wells Fargo & Company (“Wells Fargo”) removed this action to this Court on the basis that Sonja Knutsen’s Cross-Complaint, filed in Stanislaus County Superior Court, 14 was subject to removal on the basis of federal question jurisdiction; 15 16 WHEREAS, on May 16, 2013, Wells Fargo and its Cash Balance Plan (“Plan”) filed an Answer to Ms. Knutsen’s Cross-Complaint and a Counter-Complaint in Interpleader against Ms. Knutsen and 17 Tammie Cohen; 18 WHEREAS, on June 11, 2013, Ms. Cohen filed a Motion to Remand this action to state court, 19 currently scheduled for hearing on July 31, 2013; and 20 WHEREAS, pursuant to the Court’s Order Setting Mandatory Scheduling Conference for July 21 23, 2013, all parties are required to conduct a conference regarding a Joint Scheduling Report by July 3, 22 2013, and to file a Joint Scheduling Report by July 16, 2013. 23 IT IS HEREBY STIPULATED AND AGREED by and among the parties, through their 24 respective counsel of record, as follows: in light of Ms. Cohen’s pending Motion to Remand, the parties 25 respectfully request that the Court continue the Mandatory Scheduling Conference to August 27, 2013 26 at 3:30 p.m., or another date and time convenient for the Court, if the Court retains jurisdiction of this 27 action following its ruling on Ms. Cohen’s Motion to Remand. 28 2 1 2 The parties further respectfully request that the Court continue all deadlines affiliated with the Mandatory Scheduling Conference. 3 4 DATED: July 2, 2013 SEYFARTH SHAW LLP 5 By /s/ Michelle M. Scannell Kathleen Cahill Slaught Michelle M. Scannell Attorneys for Cross-Defendant and Counter Claimant, WELLS FARGO & COMPANY CASH BALANCE PLAN and CounterClaimant WELLS FARGO & COMPANY 6 7 8 9 DATED: July 1, 2013 10 11 JOHN STEVEN CECHINI, INC. By /s/ John S. Cechini John Steven Cechini Attorney Plaintiff TAMMIE S. COHEN 12 13 14 DATED: July 2, 2013 15 16 TUTTLE & VAN KONYNENBURG, L.L.P. By /s/ Frank A. Van Konynenburg Frank A. Van Konynenburg Attorneys for Defendant, Cross-Complainant and Counter-Defendant SONJA DIANE KNUTSEN 17 18 19 PURSUANT TO STIPULATION, IT IS SO ORDERED, as follows: 20 The Mandatory Scheduling Conference currently scheduled for July 23, 2013 is continued to 21 August 27, 2013 at 3:30 p.m. The Joint Scheduling Report shall be filed at least one week prior to the 22 23 Mandatory Scheduling Conference. IT IS SO ORDERED. 24 25 26 Dated: July 5, 2013 _ _ UNITED STATES MAGISTRATE JUDGE 27 28 3

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