Cavellini, et al v. Harris, et al

Filing 371

ORDER granting 370 STIPULATION WITH PROPOSED ORDER Extending Time to File Supplemental Briefs re 368 Order, filed by Roy T. Cavellini, Michael F. Harris. 350 Motion Hearing continued to 8/6/2015 11:00 AM before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 4/27/2015. (kawlc1, COURT STAFF) (Filed on 4/27/2015)

4

GEOFFREY V. WHITE (SBN. 068012)
LAW OFFICE OF GEOFFREY V. WHITE
21-C Orinda Way #324
Orinda, CA. 94563
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

5

Attorneys for Plaintiffs

6

DAVID J. COOK (SBN. 060859)
COOK COLLECTION ATTORNEYS, PLC
160 Fell Street
San Francisco, CA. 94012-5106
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

1
2
3

7
8
9
10

Attorneys for Plaintiffs

11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13

OAKLAND DIVISION

14
15
16
17
18
19
20
21
22

ROY T. CAVELLINI, MARLENE
MOREHEAD, and KANDY RINARD
WILSON,

)
)
)
)
Plaintiffs,
)
)
v.
)
)
MICHAEL F. HARRIS, HARRIS REALTY )
CO., INC. and HARRIS REALTY
)
PENSION/PROFIT SHARING PLAN,
)
)
Defendants.
)
)
)
)
)

Case No. C-93-0057 SBA (KAW)
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME TO FILE
SUPPLEMENTAL BRIEFS RE
MOTION FOR ASSIGNMENT ORDER
Date: June 18, 2015
Time: 11:00 a.m.
Court: 4
Hon. Kandis A. Westmore

23
24
25
26
27
28

WHEREAS, on April 9, 2015 the Court advised the parties that a hearing would be held
on Plaintiffs’ pending motion for an Assignment Order on May 7, 2015 [Dkt. No. 366]; and
WHEREAS, on April 16, 2015, counsel for Defendant filed a Notice of Death of Trustor
Rita E. Harris [Dkt. No. 367]; and
WHEREAS, on April 17, 2015 the Court issued its Order Requiring Additional Briefing
STIPULATION TO EXTEND TIME FOR SUPPLEMENTAL BRIEFING… Case No. C93-0057 SBA (KAW)

-1

-

1

in response to said Notice of Death, and continued the hearing on said Motion to June 18, 2015

2

[Dkt. No. 368]; and

3

WHEREAS, Plaintiffs’ Supplemental Brief is presently due on May 1, 2015. However,

4

Plaintiffs’ counsel has just been provided today with two Amendments to the Rita E. Harris Trust

5

that directly pertain to the issues involved in the pending Motion, and Plaintiffs’ counsel requires

6

additional time to review and research these Trust Amendments; and

7

WHEREAS, Plaintiff’s counsel also has a brief to be filed in the Ninth Circuit Court of

8

Appeals in another matter on May 12, 2015, and therefore requires a three-week extension of

9

time to file the Supplemental Brief in this Court, to and including May 21, 2015;

10

NOW THEREFORE, the parties, through their undersigned counsel, agree to extend the

11

time to file their Supplemental Briefs so that Plaintiffs’ Brief shall be filed on or before May 21,

12

2015, and Defendant’s Brief shall be filed on or before June 4, 2015.

13

IT IS SO STIPULATED.

14
15

DATED: April 23, 2015

Respectfully submitted,
LAW OFFICE OF GEOFFREY V. WHITE

16
17

By

18
19
20
21

DATED: April 23, 2015

/s/
Geoffrey V. White
Attorney for Plaintiffs and Judgment Creditors

Respectfully submitted,
TRIAY LAW OFFICE

22
23
24

By /s/ (authorized on April 23, 2015)
Charles A. Triay
Attorney for Defendant Michael Harris

25
26
27
28
STIPULATION TO EXTEND TIME FOR SUPPLEMENTAL BRIEFING… Case No. C93-0057 SBA (KAW)

-2

-

1

[PROPOSED] ORDER

2

Pursuant to the above Stipulation, the stipulation to extend the briefing schedule is

3
4

GRANTED. The hearing date on the motion is continued to August 6, 2015.
IT IS SO ORDERED.

5
6
7

DATED: April 27, 2015
____________________________________________
Kandis A. Westmore
United States Magistrate Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION TO EXTEND TIME FOR SUPPLEMENTAL BRIEFING… Case No. C93-0057 SBA (KAW)

-3

-