Service Employees International Union National Industry Pension Fund et al v. Employee Equity Administration, Inc., et al

Filing 40

STIPULATION AND ORDER re 39 STIPULATION WITH PROPOSED ORDER STIPULATION FOR LEAVE TO FILE PLAINTIFFS' FIRST AMENDED COMPLAINT. Signed by Judge Jon S. Tigar on May 16, 2013. (wsn, COURT STAFF) (Filed on 5/16/2013)

PHILIP M. MILLER (SBN 87877)
1 KIMBERLY A. HANCOCK (SBN 205567)
ANNE M. BEVINGTON (SBN 111320)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
SERVICE EMPLOYEES INTERNATIONAL
11 UNION NATIONAL INDUSTRY PENSION
FUND; STEPHEN ABRECHT, Trustee; ROD
12 BASHIR, Trustee; KEVIN J. DOYLE, Trustee;
MYRIAM ESCAMILLA, Trustee; STEVEN
13 W. FORD, Trustee; EDWARD J. MANKO,
Trustee; FRANK A. MAXSON, Trustee; JOHN
14 J. SHERIDAN, Trustee; LARRY T. SMITH,
Trustee; DAVID STILWELL, Trustee,
15
Plaintiffs,
16 v.
17 EMPLOYEE EQUITY ADMINISTRATION,
INC., a California corporation, d/b/a Westline
18 Medical Management et al.
19

CASE NO.: CV 12-4494 JST
STIPULATION FOR LEAVE TO FILE
PLAINTIFFS’ FIRST AMENDED
COMPLAINT;
(PROPOSED) ORDER
Complaint filed: August 27, 2012
Trial Date:
June 30, 2014

Defendants.

20
21

Plaintiffs and all Defendants hereby stipulate and jointly request that the Court enter an order

22 as follows:
23

1.

That Plaintiffs be granted leave to file a First Amended Complaint for the purpose of

24 adding additional defendants and additional claims for fraudulent transfers, aiding and abetting
25 fraudulent transfers and transactions to evade or avoid withdrawal liability pursuant to recently
26 discovered facts;
27
28

STIPULATION FOR LEAVE TO FILE
-1FIRST AMENDED COMPLAINT; [PROPOSED] ORDER
CASE NO. CV 12-4494 JST

1

2.

That Defendants are not waiving any rights or defenses in responding to the First

2 Amended Complaint by agreeing to this stipulation;
3

3.

That the First Amended Complaint be filed within five days after the Court enters an

4 order approving this stipulation; and
5

4.

That Defendants have 30 days after the filing and ECF service of the First Amended

6 Complaint within which to file their response.
7
8 Dated: May 16, 2013
9
10
11 Dated: May 16, 2013
12
13
14
Dated: May 16, 2013

SALTZMAN & JOHNSON LAW CORPORATION
By: __/s/ Kimberly A. Hancock______
Kimberly A. Hancock
Attorneys for Plaintiffs
By: __/s/ Shelley R. Buchanan________
SHELLEY R. BUCHANAN
Attorney for Defendants, EMPLOYEE EQUITY
ADMINISTRATION, INC., et al.
JACKSON LEWIS LLP

15
By: __/s/ Charles F. Seemann III__
_
CHARLES F. SEEMANN III
Attorneys for Defendants, SOL HEALTHCARE
LLC; SOLNUS TWO, LLC; SOLNUS THREE,
LLC; SOLNUS FOUR, LLC

16
17
18
19
20
21

ORDER
Pursuant to the above stipulation, the Court grants plaintiffs leave to file a First Amended

22 Complaint within five days after entry of this order. Defendants shall respond to the First Amended
23 Complaint within 30 days of filing and ECF service.
24
25 Dated: May 16, 2013
26

__________________________________________
HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

27
28

STIPULATION FOR LEAVE TO FILE
-2FIRST AMENDED COMPLAINT; [PROPOSED] ORDER
CASE NO. CV 12-4494 JST

1

DECLARATION OF KIMBERLY A. HANCOCK

2

Pursuant to ECF General Order 45, I, Kimberly A. Hancock, declare as follows:

3

1.

The signatories listed above, Shelley R. Buchanan, Attorney at Law, and Charles F.

4 Seemann III, of the law firm of Jackson Lewis LLP are attorneys of record for Defendants;
5

2.

Concurrent with the e-filing of the within Stipulation for Leave to File Plaintiffs’

6 First Amended Complaint, authority was obtained from Shelley R. Buchanan and Charles F.
7 Seemann III in lieu of their signatures on the Stipulation;
8

3.

The Law Offices of Saltzman & Johnson maintains a record to support this

9 concurrence for subsequent production for the court if so ordered for inspection upon request by a
10 party until one year after final resolution of the within action, including appeal, if any.
11

I declare under penalty of perjury that the foregoing is true and correct and that this

12 declaration was signed this 16th day of May, 2013, in San Francisco, California.
13
14

/S/
Kimberly A. Hancock _________
Kimberly A. Hancock

15
16
17
18
19
20
21

22
23
24
25
26
27
28

STIPULATION FOR LEAVE TO FILE
-3FIRST AMENDED COMPLAINT; [PROPOSED] ORDER
CASE NO. CV 12-4494 JST