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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SEYFARTH SHAW LLP
Kathleen Cahill Slaught (SBN 168129)
[e-mail]
Michelle M. Scannell (SBN 267767)
[e-mail]
560 Mission Street, Suite 3100
San Francisco, California 94105-2930
Telephone: [phone]
Facsimile: [phone]
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

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA (FRESNO DIVISION)
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TAMMIE S. COHEN, as Trustee of the C.
STARK 2004 TRUST,
Plaintiff,

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v.
SONJA DIANE KNUTSEN, aka, SONJA DIANE
KNUTSEN STARK,

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Defendant.
_________________________________________

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SONJA DIANE KNUTSEN, an individual,

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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

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WELLS FARGO & COMPANY CASH
BALANCE PLAN, an ERISA plan, and WELLS
FARGO & COMPANY, a Delaware Corporation,

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Counter-Complainants
v.

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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,

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Counter-Defendants.

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Pursuant to Civil Local Rule 143, the parties to the above-entitled actions, through counsel,
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jointly submit this Stipulation and Proposed Order Continuing Case Management Conference Pending
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Ruling on Motion to Remand, as follows:
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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,

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was subject to removal on the basis of federal question jurisdiction;
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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

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Tammie Cohen;
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WHEREAS, on June 11, 2013, Ms. Cohen filed a Motion to Remand this action to state court,
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currently scheduled for hearing on July 31, 2013; and
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WHEREAS, pursuant to the Court’s Order Setting Mandatory Scheduling Conference for July

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23, 2013, all parties are required to conduct a conference regarding a Joint Scheduling Report by July 3,
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2013, and to file a Joint Scheduling Report by July 16, 2013.
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IT IS HEREBY STIPULATED AND AGREED by and among the parties, through their
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respective counsel of record, as follows: in light of Ms. Cohen’s pending Motion to Remand, the parties

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respectfully request that the Court continue the Mandatory Scheduling Conference to August 27, 2013
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at 3:30 p.m., or another date and time convenient for the Court, if the Court retains jurisdiction of this
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action following its ruling on Ms. Cohen’s Motion to Remand.

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The parties further respectfully request that the Court continue all deadlines affiliated with the
Mandatory Scheduling Conference.

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DATED: July 2, 2013

SEYFARTH SHAW LLP

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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

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DATED: July 1, 2013
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JOHN STEVEN CECHINI, INC.
By

/s/ John S. Cechini
John Steven Cechini
Attorney Plaintiff
TAMMIE S. COHEN

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DATED: July 2, 2013
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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

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PURSUANT TO STIPULATION, IT IS SO ORDERED, as follows:
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The Mandatory Scheduling Conference currently scheduled for July 23, 2013 is continued to
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August 27, 2013 at 3:30 p.m. The Joint Scheduling Report shall be filed at least one week prior to the
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Mandatory Scheduling Conference.
IT IS SO ORDERED.

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Dated:

July 5, 2013

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UNITED STATES MAGISTRATE JUDGE

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