CAMOFI MASTER LDC et al v. Associated Third Party Administrators et al

Filing 100

STIPULATION AND ORDER re 97 Regarding Further Temporary Stay of Litigation in Light of Bankruptcy Automatic Stay filed by CAMOFI Master LDC, CAMHZN Master LDC. Status Report due by 5/18/2017. Status Conference reset for 5/25/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 3/20/17. (bpf, COURT STAFF) (Filed on 3/20/2017)

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DOWNEY BRAND LLP
WILLIAM R. WARNS(Bar No. 141280}
JAMIE P. DREHER(Bar No. 209380)
BRADLEY C. CARROLL(Bar No. 300658)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile: 916.444.2100
[e-mail]
[e-mail]
[e-mail]

~I Attorneys for Plaintiffs
CAMOFI MASTER LDC and CAMHZN
8 MASTER LDC
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[Other Counsel Listed on Signature Page]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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CAMOFI MASTER LDC and CAMHZN
MASTER LDC,

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Plaintiffs,
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Case No. 3:16-cv-00855-EMC
STIPULATION AND(PROPOSED]
ORDER REGARDING FURTHER
TEMPORARY STAY OF LITIGATION IN
LIGHT OF BANHI2UPTCY AUTOMATIC
STAY

ASSOCIATED THIRD PARTY
ADMINISTRATORS,DIANE GIST,
JESSE M.KESSLER, MED-TECH
19 HEALTH SOLUTIONS,LLC,RICHARD
STIERWALT,UNITED BENEFITS AND
20 ' PENSION SERVICES,INC.,
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Defendants.

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AND RELATED ACTIONS.
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1476584.1

STIPULATION AND[PROPOSED]ORDER REGARDING FURTHER TEMPORARY STAY

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STIPULATION

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Plaintiffs CAMOFI MASTER LDC and CAMHZN MASTER LDC ("Plaintiffs" or

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"CAM Funds"), Defendant ASSOCIATED THIRD PARTY ADMINISTRATORS(`°ATPA"),

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Defendant DIANE GIST ("Gist"), Defendant and Counter-Claimant RICHARD STIERWALT

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("Stierwalt"}; Defendant and Counterclaim Plaintiff JESSE M.KESSLER {"Kessler"), and

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Defendant and Counterclaim Plaintiff MED-TECH HEALTH SOLUTIONS,LLC("Med-Tech")

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(collectively,"Parties"), by and through their respective attorneys of record, stipulate and agree as

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follows:
1.

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That on October 17, 2016, ATPA filed a voluntary Chapter 11 Petition for

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Bankruptcy in the United States Bankruptcy Court for the Central District of California

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(`Bankruptcy Court"), with the intent of selling substantially all of its assets to a third party.

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That on October 26, 2016, ATPA filed, in this action, a Notice of Filing of Petition

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for Relief Under Chapter 11 ofthe United States Bankruptcy Code, 11 U.S.C. § 101, Et Seq., and

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Imposition of Automatic Stay.
3.

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That on December 1, 2016, Plaintiffs filed with the Bankruptcy Court a Motion for

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Relieffrom the Automatic Stay under 11 U.S.C. § 362, which set the hearing for the Motion on

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January 4, 2017.

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2.

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That on December 9, 2016,the Bankruptcy Court granted the motion ofthe

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Southern California Local 831 Employer Pension Trust Fund for an order converting ATPA's

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bankruptcy cases to cases under Chapter 7.
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That the effective date of the conversion of ATPA's bankruptcy cases to Chapter 7

cases was January 19, 2017.
6.

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That, because ofthe conversion of ATPA's bankruptcy cases to Chapter 7 cases

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and the consequent appointment of a Chapter 7 Trustee, the Bankruptcy Court hearing on

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Plaintiff's Motion for Relieffrom the Automatic Stay was moved to February 8, 2017 to allow

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the Chapter 7 Trustee to review and respond to the Motion for Relieffrom the Automatic Stay.

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7.

That Med-Tech and Kessler intended to file their own Motion for Relieffrom the

Automatic Stay, to be heard on February 8, 2017, with the Bankruptcy Court with respect to their
1476584.1

STIPULATION AND[PROPOSED]ORDBR REGARDING FURTHER TEMPORARY STAY

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cross claims against ATPA in this action.

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That, because ofthe Automatic Stay, this case is currently stayed as to ATPA,

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pending the outcome of Plaintiffs' and Med-Tech and Kessler's Motions for Relieffrom the

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Automatic Stay.

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That, on January 10, 2017,the Parties filed a Stipulation and [Proposed] Order

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Regarding Temporary Stay of Litigation in Light of Bankruptcy Automatic Stay, staying this case

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for 60 days as to all Parties pending the outcome of Plaintiffs' and Med-Tech.and Kessler's

8' Motions for Relieffrom the Automatic Stay and tolling and extending all deadlines in this case
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during the pendency ofthe stay for 60 days.

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That, on January 12, 2017,the Court approved the Parties' stipulation.

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That, on January 17, 2017, Med-Tech and Kessler filed their Motion for Relief

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February 8, 2017.

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12.

That, on February 7, 2017,the Bankruptcy Court approved a stipulation between

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the Chapter 7 Trustee, the CAM Funds, and Med-Tech and Kessler continuing the hearing on the

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Motions for Relieffrom Automatic Stay to March 8, 2017.

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from the Automatic Stay under 11 U.S.C. § 362, which set the hearing for the Motion on

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13.

That, on February 21, 2017, the Bankruptcy Judge approved a stipulation between

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the Chapter 7 Trustee and the CAM Funds continuing the hearing on the CAM Funds' Motion for

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Relieffrom Automatic Stay to April 19, 2017.

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That, on March 13, 2017, Med-Tech and Kessler gave notice in the Bankruptcy

Action that the hearing on Med-Tech and Kessler's Motion for Relieffrom Automatic Stay had

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That, given the continuances of Plaintiffs' and Med-Tech and Kessler's Motions

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for Relieffrom Automatic Stay, this case should be stayed for a further 60 days as to all Parties

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pending the outcome of Plaintiffs' and Med-Tech and Kessler's Motions for Relieffrom the

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Automatic Stay.

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That all deadlines in this case during the pendency ofthe stay should be tolled and

extended for 60 days.
1476584.1

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STIPULATION AND[PROPOSED]ORDER REGARDING FURTHER TEMPORARY STAY

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That all other deadlines in this case should be extended for 60 days. Specifically,

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the Status Conference currently set for March 23, 2017, should be extended to May 25, 2017, at

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which time the Parties will report on the progress of ATPA's bankruptcy and address whether a

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further stay of this case is necessary.

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IT IS SO STIPULATED.

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DATED: March 16, 2017

DOWNEY BRAND LLP

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By: /s/.ramie P. Dreher
WILLIAM R. WARNE
JAMIE P. DREHER
BRADLEY C. CARROLL
Attorney for Plaintiffs
CAMOFI MASTER LDC and CAMHZN
MASTER LDC

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DATED: March 16, 2017

HANSON BRIDGETT LLP

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By: /s/Batya F. Forsyth has authorized 3/15/17
BATYA F. FORSYTH
CANDICE P. SHIN
Attorney for Defendant/Cross-Claimant
ASSOCIATED THIRD PARTY
ADMINISTRATORS

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DATED: March 16, 2017

THE WILLIAMS FIRM

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By:/s/D. Alexander Floum has authorized 3/1S/1
TIMOTHY C. WILLIAMS
D. ALEXANDER FLOUM
Attorney for Defendant/Cross-Claimant
DIANE GIST

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DATED: March 16, 2017

DONAHUE FITZGERALD LLP

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By:/s/John C. Kirke (as authorized 3/16/17)
JOHN C. KIRKS
Attorney for Defendant/Counter-Claimant
RICHARD STIERWALT

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STIPULATION AND[PROPOSED]ORDER REGARDING FURTHER.TEMPORARY STAY

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DATED: March 16, 2017

SANDS ANDERSON PC

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By: /s/George R. Pitts (as authorized 3/1S/17)
GEORGE R. PITTS
Attorney for Defendants/CounterClaimants/Cross-Claimants
JESSE M.KESSLER and MED-TECH HEALTH
SOLUTIONS,LLC

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The Court, having reviewed the attached Stipulation ofthe Parties requesting that the case
be stayed for a further 60 days, and an extension of other deadlines in this matter, and for good
cause, HEREBY ORDERS THAT:

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1.

This case is stayed for 60 days—from March 16, 2017, until May 15,2017—as to

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all Parties pending the outcome of Plaintiffs' and Med-Tech and Kessler's Motions for Relief

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from the Automatic Stay.

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2.

All deadlines in this case during the pendency of the stay are tolled and extended

for 60 days.

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All other deadlines in this case are extended for 60 days.

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4.

The March 23,2017, Status Conference is vacated and reset for May 25, 2017. At

that Status Conference, the Parties are to report on the progress of ATPA's bankruptcy and

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DATED: March _,2017

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IT IS SO ORDERED.

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1476584.1

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STIPULATION AND[PROPOSED]ORDER REGARDING FURTHER TEMPORARY STAY