Board of Trustees of the Ken Lusby Clerks etc vs Piedmont Lumber et al

Filing 134

Order by Hon. Haywood S Gilliam, Jr granting 133 Stipulation.(hsglc3, COURT STAFF) (Filed on 9/29/2015)

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Clarissa A. Kang, SBN 210660
Sean T. Strauss, SBN 245811
TRUCKER  HUSS
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]

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Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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Attorneys for Plaintiff
BOARD OF TRUSTEES OF THE
KEN LUSBY CLERKS & LUMBER
HANDLERS PENSION FUND
Richard N. Hill, SBN 083629
Aleksandr Katsnelson, SBN 299309
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, California 94108
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
WENDY M. OLIVER, an individual;
and WENDY M. OLIVER, as
Trustee to the Oliver Family Trust

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
BOARD OF TRUSTEES OF THE KEN
LUSBY CLERKS & LUMBER HANDLERS
PENSION FUND,

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Plaintiff,
vs.
PIEDMONT LUMBER & MILL COMPANY;
WILLIAM C. MYER, JR., an individual;
WENDY M. OLIVER, an individual;
WENDY M. OLIVER, as Trustee to the Oliver
Family Trust; and DOES 1-20,

Case No.: 3:13-cv-03898- HSG
NOTICE OF BANKRUPTCY STAY;
STIPULATION AND ORDER
EXTENDING DEADLINE FOR
PLAINTIFF TO FILE MOTION FOR
REIMBURSEMENT OF ITS
REASONABLE ATTORNEY’S FEES
AND COSTS

Defendants.

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NOTICE OF BANKRUPTCY STAY; STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR
PLAINTIFF TO FILE MOTION FOR ATTORNEY’S FEES AND COSTS, Case No. 3:13-cv-03898-HSG
153388.v2

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WHEREAS, on September 17, 2015, Defendant William C. Myer, Jr. (“Myer”) filed a

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voluntary petition under Chapter 7 of the United States Bankruptcy Code. A true and correct copy

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of Myer’s bankruptcy petition is attached hereto as Exhibit A;

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WHEREAS, as a result of the filing of Myer’s bankruptcy petition, this case is stayed as to
Myer pending further order of the Bankruptcy Court;

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WHEREAS, pursuant to 11 U.S.C. § 362, Plaintiff Board of Trustees of the Ken Lusby

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Clerks & Lumber Handlers Pension Trust Fund (the “Board”) is prohibited from filing its Motion

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for Reimbursement of its Reasonable Attorney’s Fees and Costs against Myer until after obtaining

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an order from the Bankruptcy Court lifting the automatic stay;

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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WHEREAS, the Court has set a deadline of October 7, 2015 as the last day for the Board to
submit its Motion for Reimbursement of its Reasonable Attorney’s Fees and Costs;

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WHEREAS, in the interests of judicial economy, counsel are in favor of delaying the

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October 7, 2015 deadline to provide the Board with sufficient time to obtain relief from the

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automatic stay, so that it is able to file a single Motion for Reimbursement of its Reasonable

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Attorney’s Fees and Costs as against all Defendants, rather than separate motions as to various

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Defendants;

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IT IS THEREFORE STIPULATED AND AGREED, by the Board and Defendant

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Wendy M. Oliver, by and through their respective counsel, that the Court is respectfully requested

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to order that:

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The Board’s deadline for submission of its Motion for Reimbursement of its

Reasonable Attorney’s Fees and Costs be extended by six weeks, to November 18, 2015.

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DATED: September 24, 2015

TRUCKER  HUSS

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By:
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/s/ Sean T. Strauss
Clarissa A. Kang
Sean T. Strauss
Attorneys for Plaintiff
BOARD OF TRUSTEES OF THE
KEN LUSBY CLERKS & LUMBER
HANDLERS PENSION FUND

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DATED: September 24, 2015
LITTLER MENDELSON, P.C.

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By:
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/s/ Richard N. Hill
Richard N. Hill
Aleksandr Katsnelson
Attorneys for Defendant
WENDY M. OLIVER, an individual; and
WENDY M. OLIVER, as Trustee to the Oliver
Family Trust

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I attest that I have obtained the concurrence of Littler Mendelson PC in the filing of this document.
Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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DATED: September 24, 2015

TRUCKER  HUSS

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By:
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/s/ Sean T. Strauss
Clarissa A. Kang
Sean T. Strauss
Attorneys for Plaintiff
BOARD OF TRUSTEES OF THE
KEN LUSBY CLERKS & LUMBER
HANDLERS PENSION FUND

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ORDER
Pursuant to the foregoing stipulation and request, IT IS HEREBY ORDERED:

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Plaintiff Board of Trustees of the Ken Lusby Clerks & Lumber Handlers Pension Trust Fund’s Motion

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for Reimbursement of its Reasonable Attorney’s Fees and Costs shall be filed on or before November

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18, 2015.

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Dated: September 29, 2015

____________________________________
HON. HAYWOOD S. GILLIAM, JR.
Judge, United States District Court
Northern District of California

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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