Kendall v. Western Conference of Teamsters Pension Trust Fund et al

Filing 10

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)

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Case3:11-cv-04775-CRB Document9 1 2 3 4 5 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 6 7 Attorneys for Defendant WESTERN CONFERENCE OF TEAMSTERS PENSION TRUST FUND 8 9 UNITED STATES DISTRICT COURT Trucker  Huss A Professional Corporation 100 Montgomery Street, 23rd Floor San Francisco, California 94104 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 JOHN T. KENDALL, Trustee, 13 Plaintiff, 14 15 16 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, 17 Defendants. 18 Plaintiff JOHN T. KENDALL, TRUSTEE (“Plaintiff”) and Defendants WESTERN 19 20 21 22 23 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: 1. 24 25 26 27 28 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 1 Case3:11-cv-04775-CRB Document9 Filed11/03/11 Page2 of 5 Case3:11-cv-04775-CRB Document9 1 Fund; and Dean J. Heikes, A.P. 11-4197 (the “Adversary Proceeding”). 2 3 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. 4 3. The Declaration itself contained three exhibits. The parties only recently discovered 5 that the following pages are missing from two of the three exhibits in the version of the documents 6 appearing on the Court’s electronic docket at Docket Nos. 1-7 and 1-8: 7 Exhibit A – Pages 97 and 98 of the Western Conference of Teamsters Pension Plan document; and 8 9 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 10 11 4. Attached as Exhibits A and B, respectively to this Stipulation are full copies of the 12 above-mentioned Exhibits A and B that were filed in hard copy with the Bankruptcy Court and 13 served on counsel for Plaintiff John T. Kendall and on Defendant Dean J. Heikes on August 31, 14 2011. Mr. Heikes has not yet appeared in this action. 15 16 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. 17 IT IS SO STIPULATED. 18 19 DATED: November 3, 2011 20 STROMSHEIM & ASSOCIATES By: Johnson C.W. Lee Attorneys for Plaintiff John T. Kendall, Trustee 21 22 23 24 DATED: November 3, 2011 25 TRUCKER  HUSS By: /s/Clarissa A. Kang Clarissa A. Kang Attorneys for Defendant Western Conference of Teamsters Pension Trust Fund 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CORRECT FILING OF DOCUMENTS TRANSFERRED FROM BANKRUPTCY COURT; Case No. 11-CV-04775-CRB #1210751 2 Case3:11-cv-04775-CRB Document9 Filed11/03/11 Page4 of 5 1 2 PURSUANT TO STIPULATION, IT IS SO ORDERED. 4 DATED: ________________, 2011 November 4 RT U O UNIT ED S Hon. Charles R. Breyer Judge of the United States District CourtD ERE 7 8 O IT IS S harles Judge C NO 9 RT 10 ER Trucker  Huss A Professional Corporation 100 Montgomery Street, 23rd Floor San Francisco, California 94104 12 er R. Brey A H 11 ORD LI 6 R NIA 5 S DISTRICT TE C _________________________________________ TA FO 3 N F D IS T IC T O R C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CORRECT FILING OF DOCUMENTS TRANSFERRED FROM BANKRUPTCY COURT; Case No. 11-CV-04775-CRB #1210751 3

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