Stierwalt v. Associated Third Party Administrators et al

Filing 34

STIPULATION AND ORDER, Set/Reset Deadlines as to 33 STIPULATION WITH PROPOSED ORDER re 29 MOTION to Alter Judgment Notice of Motion and Motion of Associated Third Party Administrators to Alter, Amend and/or Reconsider Judgment Pursuan t to F.R.C.P. Rule 59(e), or in the Alternative, for Relief fr, 29 MOTION to Alter Judgment Notice of Motion and Motion of Associated Third Party Administrators to Alter, Amend and/or Reconsider Judgment Pursuant to F.R.C.P. Rule 59(e), or in the Alternative, for Relief from Judgment Pursuant to F.R.C.P. Rule 60(b. Motion Hearing set for 8/4/2016 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Edward M. Chen. Signed by Judge Edward M. Chen on 7/7/16. (bpf, COURT STAFF) (Filed on 7/7/2016)

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Alan M. Mirman, Esq., State Bar No. 66883
Michael E. Bubman, Esq., State Bar No. 143468
Scott C. Timpe, Esq., State Bar No. 278529
MIRMAN, BUBMAN & NAHM IAS, LLP
21860 Burbank Boulevard, Suite 360
Woodland Hills, California 91367
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Respondent,
Associated Third Party Administrators

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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RICHARD STIERWALT,

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Petitioner,

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v.

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ASSOCIATED THIRD PARTY
ADMINISTRATORS, et al.

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Case No. 3:16-mc-80059-EMC
STIPULATION TO CONTINUE MOTION OF
ASSOCIATED THIRD PARTY
ADMINISTRATORS TO ALTER, AMEND
AND/OR RECONSIDER JUDGMENT
PURSUANT TO F.R.C.P. RULE 59(e), OR IN
THE ALTERNATIVE, FOR RELIEF FROM
JUDGMENT PURSUANT TO F.R.C.P. RULE
60(b)(6);

Respondent.

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DECLARATION OF ALAN M. MIRMAN RE
SIGNATORY'S CONCURRENCE IN
ELECTRONIC FILING;

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[PROPOSED] ORDER RE STIPULATION

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Petition Filed: April 20, 2016

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Hearing:
Crtrm.:
Judge:

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July 28, 2016 at 1:30 p.m.
5, 17th Floor
Hon. Edward M. Chen

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Respondent ASSOCIATED THIRD PARTY ADMINISTRATORS ("ATPA") and Petitioner

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RICHARD STEIRWALT ("Stierwalt"), through their respective counsel undersigned, stipulate as set

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forth herein:
RECITALS

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A.

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On May 24, 2016, the Court entered in the above-captioned action its Order Re Third-

{00413187}

3:16-mc-80059-EMC: S t i pul at i on t o cont inue M ot i on t o Al t er o r Am end J u d gm en t
P u rs u ant To FR C P R ul e 59, or Al t ernat i vel y, R el i ef From J udgm ent P u rs u an t t o
FR C P R ul e 60; and Order t he reon

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Party Claim Of Security Interest (the "Original Order") [Docket No. 23] and a Judgment (the

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"Original Judgment") [Docket No. 24], adjudicating the third-party claim (the "Third-Party Claim")

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of CAMOFI Master LDC and CAMHZN Master LDC in favor of Stierwalt.

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B.

On May 25, 2016, the Court entered a Corrected Order Re Third-Party Claim Of

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Security Interest (the "Corrected Order") [Docket No. 25], and a corrected Judgment [Docket No. 26]

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which referred to the Corrected Order instead of the Original Order as the basis therefor.

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C.

On June 22, 2016 ATPA filed a Motion to Alter, Amend and/or Reconsider Judgment

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Pursuant to F.R.C.P. Rule 59(e), or in the Alternative, for Relief from Judgment Pursuant to F.R.C.P.

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Rule 60(b)(6) (the, "Motion") and set the hearing for its Motion for July 28, 2016 at 1:30 p.m.

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D.

Counsel for Stierwalt has advised counsel for ATPA that the former will be out of

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state on July 28, 2016 and has asked for a short continuance of the Court's hearing on the Motion to

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accommodate the travel schedule of counsel for Stierwalt, with no change in the parties' briefing

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schedule. Counsel for ATPA has agreed to the requested continuance.

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STIPULATION

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Based on the foregoing recitals, the parties through their respective counsel undersigned

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hereby stipulate to continue the hearing on ATPA's Motion to Alter, Amend, and/or reconsider

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Judgment Pursuant to F.R.C.P. Rule 59(e), or in the Alternative, for Relief from Judgment Pursuant

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to F.R.C.P. Rule 60(b)(6) from July 28, 2016 to August 4, 2016 at 1:30 p.m. or soon thereafter as the

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Court may schedule per further conference between the Court, Stierwalt, and ATPA. The parties'

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briefing deadlines in connection with the Motion remain as currently scheduled.

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Dated: July 6, 2016

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DONAHUE FITZGERALD LLP
By: /s/ Eric A. Handler_________________
Attorneys for Petitioner, Richard Stierwalt

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Dated: July 6, 2016

By: /s/ Alan M. Mirman ________________
Attorneys for Respondent, Associated Third Party
Administrators

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MIRMAN, BUBMAN & NAHMIAS, LLP

{00413187}

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3:16-mc-80059-EMC: S t i pul at i on t o cont inue M ot i on t o Al t er or Am end J u d gm en t
P u rs u ant To FR C P R ul e 59, or Al t ernat i vel y, R el i ef From J udgm ent P u rs u an t t o
FR C P R ul e 60; and Order t he reon

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DECLARATION OF ALAN M. MIRMAN

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I, Alan M. Mirman, declare:

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1.

I am an attorney at Mirman, Bubman & Nahmais, LLP, attorneys of record in the

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above-captioned action for respondent Associated Third Party Administrators. I am admitted to

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practice law before this Court. I have personal knowledge of the matters set forth herein and if called

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as a witness could and 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'

stipulation set forth above (the "Stipulation").
3.

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

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Eric A. Handler, one of the attorneys of record in this action for petitioner Richard Stierwalt, and Mr.

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Handler's electronic signature is given in the Stipulation in accordance with his concurrence.

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I declare under penalty of perjury under the laws of the State of California and the United

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States of America that the foregoing is true and correct and that this declaration has been executed on

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July 6, 2016 in Woodland Hills, California.

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/s/ Alan M. Mirman
Alan M. Mirman

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ORDER

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Based on the foregoing Stipulation of the parties, and good cause appearing therefore, it is

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hereby ordered that the Court's hearing on the Motion of Respondent Associated Third Party

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Administrators to Alter, Amend, and/or Reconsider Judgment Pursuant to F.R.C.P. Rule 59(e), or in

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the Alternative, for Relief from Judgment Pursuant to F.R.C.P. Rule 60(b)(6) is continued from July

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August 4, 2016
28, 2016 to _____________________________ at 1 30p
_:__ _.m. The briefing deadlines remain as

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currently scheduled.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

FO

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NO

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. Chen

dward M
Judge E

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______________________________DERED
O OR
IT IS S
Edward M. Chen,
DIFIED
AS MO
United States District Judge

Dated: ___________________
7/7/16

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