In Re Richard J. Shields

Filing 13

STIPULATION and ORDER on Appellee's motion to strike items designated by Appellant from record on appeal 11 signed by Judge Garland E. Burrell, Jr. on 1/21/2010. The hearing date set for 1/25/2010 is VACATED. (Engbretson, K.)

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CHRISTOPHER D. SULLIVAN [148083] WILLIAM J. WALRAVEN [262586] McGRANE GREENFIELD LLP One Ferry Building, Suite 220 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Appellant, Michael F. Burkart, Chapter 7 Trustee

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION In re: RICHARD J. SHIELDS, Debtor. District Court Case No. 09-CV-02910GEB Case No. 06-22377-C-7 Chapter 7 Adv. Proc. No. 08-02352-C STIPULATION AND ORDER ON APPELLEE'S MOTION TO STRIKE ITEMS DESIGNATED BY APPELLANT FROM RECORD ON APPEAL Date: January 25, 2010 Time: 9:00 AM Place: Courtroom 10 501 I Street, 13th Floor Sacramento, CA 95814 Judge: Hon. Garland E. Burrell, Jr.

THE BANKRUPTCY ESTATE OF RICHARD J. SHIELDS, by and through MICHAEL F. BURKART, Chapter 7 Trustee, Plaintiff, vs. NEIL MCLEAN (aka NEAL MCLEAN) and RUSSELL LONGAWAY, Defendants.

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Stipulation and [Proposed] Order on Appellee's Motion to Strike Items Designated by Appellant from Record On Appeal

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WHEREAS, on December 17, 2009, Defendant and Appellee Neil McLean ("McLean") filed a Motion to Strike Items Designated by Plaintiff and Appellant, Michael F. Burkart, Chapter 7 Trustee of the Bankruptcy Estate of Debtor Richard J. Shields ("Trustee") from Record on Appeal ("Motion"). AND WHEREAS, Trustee and McLean have consented to resolve this Motion by agreement without substantial further action by this Court. The Trustee and McLean, acting through undersigned counsel of record hereby stipulate to the following: 1. The Trustee and McLean agree to strike certain items designated by

Trustee from the record on appeal, as follows: a. "Pleadings re Motion for Sanctions Pursuant to BR 9011" (Items 3A-Y). b. "Pleadings re Motion for Judgment on the Pleadings" (Items 5AQ). c. "Transcript of Proceedings On Motion for Judgment on Pleadings" (Item 7). d. "Notice Regarding Introduction of Deposition Testimony of Witness Kenneth J. Herold" (Item 12). e. "Deposition of Neil McLean" (Item 27). f. "Deposition of Russell Longaway" (Item 28). 2. The Trustee and McLean further agree that Trustee shall reserve,

without prejudice, any right to modify, restate, or supplement the record on appeal, including but not limited to the stricken items described above, as permitted by Federal Rule of Appellate Procedure 10(e) and applicable Bankruptcy Code and Rules.

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Stipulation and [Proposed] Order on Appellee's Motion to Strike Items Designated by Appellant from Record On Appeal

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Based on the foregoing, the hearing on the Motion, currently

scheduled for January 25, 2010 at 9:00 AM, shall be taken off calendar as no hearing is necessary. DATED: January 12, 2010 MGRANE GREENFIELD LLP /s/ Christopher D. Sullivan Christopher D. Sullivan Attorneys for Plaintiff and Appellant, Michael F. Burkart, Chapter 7 Trustee MACDONALD & ASSOCIATES /s/ Reno F.R. Fernandez III Reno F.R. Fernandez III Attorneys for Defendant and Appellee, Neil McLean By: By:

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Stipulation and [Proposed] Order on Appellee's Motion to Strike Items Designated by Appellant from Record On Appeal

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ORDER PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS: 1. The hearing on Defendant and Appellee's Motion to Strike Items

Designated by Appellant from Record on Appeal, currently scheduled for January 25, 2010 at 9:00 AM, shall be vacated. 2. follows: a. "Pleadings re Motion for Sanctions Pursuant to BR 9011" (Items 3A-Y). b. "Pleadings re Motion for Judgment on the Pleadings" (Items 5A-Q). c. "Transcript of Proceedings On Motion for Judgment on Pleadings" (Item 7). d. "Notice Regarding Introduction of Deposition Testimony of Witness Kenneth J. Herold" (Item 12). e. "Deposition of Neil McLean" (Item 27). f. "Deposition of Russell Longaway" (Item 28). The Trustee reserves, without prejudice, any right to modify, restate, The following items shall be stricken from the record on appeal, as

or supplement the record on appeal, including but not limited to the stricken items described above, as permitted by Federal Rule of Appellate Procedure 10(e) and applicable Bankruptcy Code and Rules.

GARLAND E. BURRELL, JR. United States District Judge

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Stipulation and [Proposed] Order on Appellee's Motion to Strike Items Designated by Appellant from Record On Appeal