Kendall v. Western Conference of Teamsters Pension Trust Fund et al
Filing
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ORDER to correct filing of documents transferred from bankruptcy court re 9 Stipulation, filed by Western Conference of Teamsters Pension Trust Fund. Signed by Judge Charles R. Breyer on 11/4/2011. (beS, COURT STAFF) (Filed on 11/4/2011)
Case3:11-cv-04775-CRB Document9
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Filed11/03/11 Page1 of 5
Clarissa A. Kang, No. 210660
Michelle L. Schuller, No. 255787
TRUCKER HUSS
A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, CA 94104
Telephone:
(415) 788-3111
Facsimile:
(415) 421-2017
Email:
ckang@truckerhuss.com
mschuller@truckerhuss.com
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Attorneys for Defendant
WESTERN CONFERENCE OF TEAMSTERS
PENSION TRUST FUND
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UNITED STATES DISTRICT COURT
Trucker Huss
A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104
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NORTHERN DISTRICT OF CALIFORNIA
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JOHN T. KENDALL, Trustee,
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Plaintiff,
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vs.
Case No. 11-CV-04775-CRB
STIPULATION AND [PROPOSED] ORDER
TO CORRECT FILING OF DOCUMENTS
TRANSFERRED FROM BANKRUPTCY
COURT
WESTERN CONFERENCE OF
TEAMSTERS PENSION TRUST FUND;
AND DEAN J. HEIKES,
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Defendants.
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Plaintiff JOHN T. KENDALL, TRUSTEE (“Plaintiff”) and Defendants WESTERN
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CONFERENCE OF TEAMSTERS PENSION TRUST FUND and DEAN J. HEIKES hereby agree
to the following stipulation to be binding on the parties hereto and request this Court to approve the
terms of this Stipulation to Correct Filing of Documents Transferred from Bankruptcy Court as set
forth herein:
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On August 31, 2011, Defendant Western Conference of Teamsters Pension Trust
Fund (“Defendant”) filed by physical hard-copy with the U.S. Bankruptcy Court, Northern District
of California (the “Bankruptcy Court”) a Motion to Withdraw Reference of Adversary Proceeding
Pursuant to 28 U.S.C. § 157(d) (“Motion to Withdraw”), and a Declaration of Clarissa A. Kang in
support thereof (the “Declaration”), in Kendall v. Western Conference of Teamsters Pension Trust
STIPULATION AND [PROPOSED] ORDER TO CORRECT FILING OF DOCUMENTS TRANSFERRED
FROM BANKRUPTCY COURT; Case No. 11-CV-04775-CRB
#1210751
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Case3:11-cv-04775-CRB Document9
Filed11/03/11 Page2 of 5
Case3:11-cv-04775-CRB Document9
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Fund; and Dean J. Heikes, A.P. 11-4197 (the “Adversary Proceeding”).
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Filed11/03/11 Page3 of 5
2.
On September 26, 2011 the Bankruptcy Court electronically transferred the Motion
to Withdraw and the Declaration to this Court, combining them into Docket Nos. 1-7, 1-8 and 1-9.
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3.
The Declaration itself contained three exhibits. The parties only recently discovered
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that the following pages are missing from two of the three exhibits in the version of the documents
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appearing on the Court’s electronic docket at Docket Nos. 1-7 and 1-8:
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Exhibit A – Pages 97 and 98 of the Western Conference of Teamsters
Pension Plan document; and
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Exhibit B – Page 1 and 3 of the May 2, 2011 letter that counsel for
Defendant sent to Randall Boone and Dean Heikes
Trucker Huss
A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104
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4.
Attached as Exhibits A and B, respectively to this Stipulation are full copies of the
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above-mentioned Exhibits A and B that were filed in hard copy with the Bankruptcy Court and
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served on counsel for Plaintiff John T. Kendall and on Defendant Dean J. Heikes on August 31,
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2011. Mr. Heikes has not yet appeared in this action.
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5.
In light of the above and in the interests of time and efficiency, the parties agree that
the Court should incorporate these corrected exhibits into the docket.
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IT IS SO STIPULATED.
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DATED: November 3, 2011
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STROMSHEIM & ASSOCIATES
By:
Johnson C.W. Lee
Attorneys for Plaintiff
John T. Kendall, Trustee
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DATED: November 3, 2011
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TRUCKER HUSS
By: /s/Clarissa A. Kang
Clarissa A. Kang
Attorneys for Defendant
Western Conference of Teamsters Pension Trust
Fund
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STIPULATION AND [PROPOSED] ORDER TO CORRECT FILING OF DOCUMENTS TRANSFERRED
FROM BANKRUPTCY COURT; Case No. 11-CV-04775-CRB
#1210751
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: ________________, 2011
November 4
RT
U
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UNIT
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S
Hon. Charles R. Breyer
Judge of the United States District CourtD
ERE
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IT IS S
harles
Judge C
NO
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RT
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ER
Trucker Huss
A Professional Corporation
100 Montgomery Street, 23rd Floor
San Francisco, California 94104
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er
R. Brey
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STIPULATION AND [PROPOSED] ORDER TO CORRECT FILING OF DOCUMENTS TRANSFERRED
FROM BANKRUPTCY COURT; Case No. 11-CV-04775-CRB
#1210751
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