Stierwalt v. Associated Third Party Administrators et al

Filing 12

STIPULATION AND ORDER re 11 re continuance of hearing on petition filed by Richard Stierwalt. Motion Hearing set for 5/31/2016 02:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 5/2/16. (bpfS, COURT STAFF) (Filed on 5/2/2016)

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Eric A. Handler, #224637
[e-mail]
Jason M. Flom, #287904
[e-mail]
DONAHUE FITZGERALD LLP
Attorneys at Law
1999 Harrison Street, 25th Floor
Oakland, California 94612-3520
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Petitioner
RICHARD STIERWALT
DOWNEY BRAND LLP
WILLIAM R. WARNE (Bar No. 141280)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone]
Facsimile: 916.444.2100
[e-mail]
Attorneys for Third-party Claimants,
CAMOFI MASTER LDC, and CAMHZN
MASTER LDC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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RICHARD STIERWALT,
Petitioner,

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Case No. 3:16-mc-80059 EMC
STIPULATION RE CONTINUANCE OF
HEARING ON PETITION;

v.
ASSOCIATED THIRD PARTY
ADMINISTRATORS AND UNITED
BENEFITS & PENSION SERVICES,
INC.,

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DECLARATION OF ERIC A. HANDLER
RE SIGNATORY'S CONCURRENCE;
[PROPOSED] ORDER RE
CONTINUANCE OF HEARING ON
PETITION

Respondents.
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Petition Filed:
Scheduled Hrg:
Proposed Hrg:
Dept.:
Judge:

April 20, 2016
May 24, 2016
May 31, 2016
Courtroom 5, 17th Floor
Hon. Edward M. Chen

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STIPLATION; DECLARATION; [PROPOSED] ORDER RE CONTINUANCE

CASE NO. 3:16-MC-80059 EMC

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STIPULATION

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Petitioner Richard Stierwalt ("Stierwalt") and third-party claimants Camofi Master LDC

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and Camhzn Master LDC ("Claimants" and together with Stierwalt, the "Parties"), by and

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through their respective attorneys of record, stipulate and agree as follows:

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1.

That the currently-scheduled hearing date of May 24, 2016 be continued to May

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31, 2016 (the "Hearing") to accommodate preexisting conflicts with the schedule of Claimants'

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counsel;

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2.

That the deadline for pre-Hearing filings be continued from May 3, 2016 to May

10, 2016; and

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3.

That the Parties will exchange, via electronic mail by and between the Parties'

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respective attorneys, all evidence they intend to submit with their pre-Hearing filings by 4:30 p.m.

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on May 5, 2016.

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IT IS SO STIPULATED.

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Dated: May 2, 2016

DONAHUE FITZGERALD LLP

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By: /s/ Eric A. Handler
Eric A. Handler
Attorneys for Petitioner
RICHARD STIERWALT

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Dated: May 2, 2016

DOWNEY BRAND LLP

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By: /s/ William R. Warne
William R. Warne
Attorneys for Third-party Claimants,
CAMOFI MASTER LDC, and CAMHZN
MASTER LDC

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-1STIPLATION; DECLARATION; [PROPOSED] ORDER RE CONTINUANCE

CASE NO. 3:16-MC-80059 EMC

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DECLARATION OF ERIC A. HANDLER

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I, Eric A. Handler, declare:

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1.

I am a partner at Donahue Fitzgerald LLP, attorneys of record in the above-

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captioned action for Petitioner Richard Stierwalt. I am admitted to practice law before this Court.

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I have personal knowledge of the matters set forth herein and if called as a witness could and

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would competently testify thereto.

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2.

This Declaration is filed pursuant to Civil L.R. 5-1(i)(3) in support of the parties'

attached Stipulation (the "Stipulation").

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3.

I have obtained concurrence in the parties' filing of the Stipulation in this action

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from William R. Warne, one of the attorneys of record in this action for third-party claimants

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Camofi Master LDC and Camhzn Master LDC, and Mr. Warne's electronic signature is given in

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the Stipulation in accordance with his concurrence.

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I declare under penalty of perjury that the foregoing is true and correct and that this
declaration has been executed on May 2, 2016 in Oakland, California.

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/s/ Eric A. Handler
Eric A. Handler

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-2STIPLATION; DECLARATION; [PROPOSED] ORDER RE CONTINUANCE

CASE NO. 3:16-MC-80059 EMC

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[PROPOSED] ORDER

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The Court, having reviewed the attached Stipulation of petitioner Richard Stierwalt

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("Stierwalt") and third-party claimants Camofi Master LDC and Camhzn Master LDC

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("Claimants") requesting a continuance of the hearing date on Stierwalt's Petition from May 24,

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2016 to May 31, 2016 and a continuance of the deadline for pre-hearing filings from May 3, 2016

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to May 10, 2016, and for good cause, IT IS HEREBY ORDERED THAT:

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The currently-scheduled deadline for pre-hearing filings is continued from May 3,

2016 to May 10, 2016;
3.

The parties shall exchange among themselves all evidence they intend to submit

with their pre-hearing filings by 4:30 p.m. on May 5, 2016.
IT IS SO ORDERED.

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S

DERED
SO OR
Judge of the United S
IT I States District Court

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5/2/2016

. Chen

ward M
udge Ed

NO

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Dated:

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O

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S DISTRICT
TE
C
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ER

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R NIA

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2.

FO

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2016 to accommodate preexisting conflicts with the schedule of Claimants' counsel;

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The currently-scheduled hearing date of May 24, 2016 is continued to May 31,

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1.

UNIT
ED

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N

D IS T IC T
R

OF

C

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-3STIPLATION; DECLARATION; [PROPOSED] ORDER RE CONTINUANCE

CASE NO. 3:16-MC-80059 EMC