Sullivan et al v. Finn et al

Filing 24

ORDER granting 23 STIPULATION. Deadlines reset as to 19 MOTION to Transfer Case to Bankruptcy Court. Responses due by 2/13/2018. Replies due by 2/20/2018. Motion Hearing reset for 3/7/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Case Management Conference reset for 3/7/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 3/27/2018. Signed by Judge William H. Orrick on 02/02/2017. (jmdS, COURT STAFF) (Filed on 2/2/2018)

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PHILIP S. WARDEN (SBN 54752)
[e-mail]
ANDREW D. LANPHERE (SBN 191479)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111-5998
Telephone:
415.983.1000
Facsimile:
415.983.1200
Attorneys for Defendants
STEPHEN A. FINN and
TRUST COMPANY OF AMERICA, INC
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 17-cv-05799-WHO

KELLEEN SULLIVAN and ROSS
SULLIVAN,

STIPULATION AND
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
HEARING ON DEFENDANTS'
MOTION TO TRANSFER
PROCEEDINGS TO BANKRUPTCY
COURT

Plaintiffs,
vs.
STEPHEN A. FINN, an individual; and
TRUST COMPANY OF AMERICA, INC. a
Colorado corporation
Defendants.

Date:
Time:
Courtroom:
Judge:

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February 28, 2018
2:00 p.m.
2, 17 Floor
Hon. William O. Orrick

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This stipulation is entered into by and between the "Stipulating Parties," consisting of

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plaintiffs KELLEEN SULLIVAN and ROSS SULLIVAN (collectively, the "Plaintiffs") and

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Defendants STEPHEN A. FINN and TRUST COMPANY OF AMERICA, INC. ("collectively, the

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"Defendants").

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,

WHEREAS the Court has scheduled an Initial Case Management Conference in this action
for February 20, 2018;

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STIP. AND [PROPOSED] ORDER
Case No. 17-cv-05799-WHO
4828-6044-0923.vl

WHEREAS Defendants filed a Motion to Transfer Proceedings to Bankruptcy Court

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Pursuant to 28 U.S.C. § 157(a) and Northern District General order No. 24 [Dkt. 19] (the

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"Motion"), which seeks to transfer this case and each claim alleged in the Complaint to the United

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States Bankruptcy Court for the Northern District of California, which is set for hearing on

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February 28, 2018;
WHEREAS on January 30, 2018 Defendants filed the Declaration of Timothy Hoffman

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[Dkt. 22];

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WHEREAS the opposition to the Motion is due February 2, 2018;

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WHEREAS the reply to the Motion is due February 9, 2018;
WHEREAS the parties have agreed to continue the hearing on the Motion to a date on or

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after March 6, 2018 in order to allow Plaintiffs additional time to respond to the Hoffman

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declaration;
WHEREAS in the interests of efficiency and economy the parties have agreed to continue

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the Initial Case Management Conference to a date on or after the hearing on the Motion and to

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continue the deadline for the parties to file their Joint Case Management Conference Statement;

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and

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WHEREAS the Stipulating Parties further believe it would serve the interests of efficiency

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and economy for the Initial Case Management Conference to take place concurrently with the

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hearing on the Motion;

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NOW, THEREFORE, the Stipulating Parties, by and through their counsel of record, hereby
stipulate, subject to the Court's approval, as follows:
1. The hearing on Defendants' Motion to Transfer Proceedings to Bankruptcy Court shall be
continued to a date on or after March 6, 2018;

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2. Plaintiffs' Opposition to the Motion shall be filed and served by February 13, 2018;

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3. Defendants' Reply, if any, shall be filed and served by February 20, 2018;

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4. A Joint Case Management Statement shall be filed by February 27, 2018; and

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5. The Initial Case Management Conference currently scheduled for February 20, 2018 will be

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continued to a date on or after March 6, 2018.
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STIP. AND [PROPOSED] ORDER
Case No. 17-cv-05799-WHO
4828-6044-0923.vl

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IT IS SO STIPULATED.
Dated: January 31,2018

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PILLSBURY WINTHROP SHAW PITTMAN LLP
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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By:

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Dated: January 31, 2018

/s/ Philip S. Warden
Philip S. Warden (SBN 54752)
Attorneys for Defendants STEPHEN A. FINN and
TRUST COMPANY OF AMERICA, INC.

NIESAR & VESTAL LLP
90 New Montgomery Street, 9th Floor
San Francisco, CA 94105
Telephone: [phone]
By:

/s/ Peter Vestal
Peter Vestal (SBN 159440)
Attorneys for Plaintiffs KALLEEN SULLIVAN and ROSS
SULLIVAN

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STIP. AND [PROPOSED] ORDER
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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that:
1. The hearing on Defendants' Motion to Transfer Proceedings to Bankruptcy Court shall be
continued to Wednesday, March 7, 2018, at 2:00 p.m.;

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2. Plaintiffs' Opposition to the Motion shall be filed and served by February 13, 2018;

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3. Defendants' Reply, if any, shall be filed and served by February 20, 2018;

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4. The Parties' Joint Case Management Statement shall be filed by February 27, 2018; and

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5. The Initial Case Management Conference currently scheduled for February 20, 2018 will be

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continued to Wednesday, March 7, 2018, at 2:00 p.m.
Dated: February 2, 2018

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The Hon. William H. Orrick
United States District Judge

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STIP. AND [PROPOSED] ORDER
Case No. 17-cv-05799-WHO
4828-6044-0923.vl