Stierwalt v. Associated Third Party Administrators et al

Filing 8

STIPULATION AND ORDER RE: TEMPORARY RESTRAINING ORDER. Signed by Judge Edward M. Chen on 4/21/16. (bpf, COURT STAFF) (Filed on 4/21/2016)

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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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v.

STIPULATION;
DECLARATION OF ERIC A. HANDLER
RE SIGNATORY’S CONCURRENCE;

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

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Respondents.
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Case No. 3:16-mc-80059 EMC

[PROPOSED] ORDER RE TEMPORARY
RESTRAINING ORDER
Petition Filed:
Dept.:
Judge:

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

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STIPLATION; DECLARATION; [PROPOSED] ORDER RE TRO

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.

Regarding Stierwalt’s ex parte application filed in the above-captioned action (the

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"Application"; ECF Dkt. No. 3) seeking a temporary restraining order to enjoin the transfer or

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disposition of certain property (the "Levied Property") held by the United States Marshal

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Service for the Northern District of California (the "Levying Officer") pursuant to a levy in

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connection with a writ of execution issued in this action to Stierwalt, the Parties request that the

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Court issue an order, pursuant to California Code of Civil Procedure Section 720.380: (a)

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directing the Levying Officer to refrain from transferring or otherwise disposing of the Levied

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Property until the Court gives further instructions to the Levying Officer; and (b) requiring the

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Levying Officer to maintain possession of the Levied Property until the Levying Officer receives

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such instructions from the Court.

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IT IS SO STIPULATED.

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Dated: April 21, 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: April 21, 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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///

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///

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

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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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 April 21, 2016 in Oakland, California.

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/s/ Eric A. Handler
Eric A. Handler

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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 temporary restraining order enjoining the transfer or disposition of

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certain property (the "Levied Property") held by the United States Marshal Service for the

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Northern District of California (the "Levying Officer") pursuant to a levy in connection with a

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writ of execution issued in this action to Stierwalt, and for good cause, IT IS HEREBY

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ORDERED THAT:

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1.

The Levying Officer is directed to refrain from transferring or disposing of the

Levied Property until such time as the Court gives further instructions to the Levying Officer; and
-2STIPLATION; DECLARATION; [PROPOSED] ORDER RE TRO

CASE NO. 3:16-MC-80059 EMC

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The Levying Officer shall maintain possession of the Levied Property until the

Court gives such further instructions to the Levying Officer.
IT IS SO ORDERED.

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S
Dated:

April 21, 2016

UNIT
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-3STIPLATION; DECLARATION; [PROPOSED] ORDER RE TRO

CASE NO. 3:16-MC-80059 EMC