Weinstein et al v. Kuhl et al

Filing 14

ORDER by Judge Haywood S. Gilliam, Jr. Granting 13 Stipulation Setting Briefing Schedule and Hearing Date of Motion to Withdraw the Reference. (ndrS, COURT STAFF) (Filed on 5/17/2018)

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JEFFREY L. FILLERUP (SBN 120543)
[e-mail]
CHARLES P. MAHER (SBN 124748)
[e-mail]
RINCON LAW LLP
200 California St., Suite 400
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Marlene G. Weinstein, Chapter 7 Trustee

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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In re

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INDEPENDENT ADOPTION CENTER,

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Case 4:18-cv-01351-HSG

Debtor.
MARLENE G. WEINSTEIN, Trustee,

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Plaintiff,

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v.
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GREGORY S. KUHL, SUSAN SPARLING,
ALEX KAPLAN, NANCY WORRELL, DAN
WARD, WILLIAM KINNANE, CHRISTINE
ZWERLING, MARCIA HODGES, and
NAVIGATORS INSURANCE COMPANY, a
New York corporation,

STIPULATION SETTING BRIEFING
SCHEDULE AND HEARING DATE OF
MOTION TO WITHDRAW THE
REFERENCE, AND ORDER [Local Rule 712]
HEARING DATE: July 11, 2018
HEARING TIME: 2:00 p.m.
LOCATION: 1301 Clay St., Courtroom 2
JUDGE: Hon. Haywood S. Gilliam, Jr.

Defendants.
[Bankruptcy Case No. 17-40327 RLE,
Adversary Proceeding No. 17-04020 RLE]

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This Stipulation is entered into by and between Plaintiff Marlene G. Weinstein, Chapter 7

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Trustee of the estate of Independent Adoption Center, by and through her counsel Jeffrey L.

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Fillerup of Rincon Law LLP, and Defendant Marcia Hodges (“Hodges”), by and through her

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counsel Joanne Madden of LeclairRyan, LLP, as follows:
WHEREAS, on February 3, 2017, Independent Adoption Center (the “Debtor”) filed a
Chapter 7 bankruptcy petition, Bankruptcy Case No. 17-40327 RLE;
WHEREAS, Plaintiff Marlene G. Weinstein was appointed as the Chapter 7 Trustee of the
Debtor’s estate (the “Trustee”);

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WHEREAS, on March 21, 2017, the Trustee filed an adversary proceeding, A.P. No. 17-

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4020 RLE (the “Adversary Proceeding”), against certain former members of the Debtor’s Board

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of Directors, referred to as the Director Defendants, and a former officer of the Debtor, Marcia

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Hodges;

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WHEREAS, Marcia Hodges filed a motion to withdraw the reference of the Adversary

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Proceeding from the Bankruptcy Court to this Court, and such motion was assigned Case No. 18-

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cv-01351-HSG;

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WHEREAS, the Director Defendants filed a motion to withdraw the reference of the

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Adversary Proceeding from the Bankruptcy Court to this Court, and such motion was assigned

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Case No. 18-cv-01545-HSG;

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WHEREAS, the Trustee plans to oppose the two motions to withdraw the reference;

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WHEREAS, the two motions to withdraw the reference relate to the same case in the

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Bankruptcy Court (A.P. No. 17-04020-RLE), so the parties believe that it is in the interest of

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judicial economy to have the same briefing schedule and hearing date for both motions to

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withdraw the reference; and

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WHEREAS, the parties enter into this Stipulation pursuant to Local Rule 7-12 and seek

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an order approving the common dates for the further briefing of the motions and the setting of the

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hearing date for the two motions at the same time, as follows:

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1.

The hearing date of the Marcia Hodges’ motion to withdraw the reference (Case

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No. 18-cv-01351-HSG) will be set for July 11, 2018 at 2:00 p.m. in Courtroom 2, 4th Floor,

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1301 Clay Street, Oakland, California.

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2.

The date for the Trustee’s filing of an opposition to Marcia Hodges’ motion to

withdraw the reference is set for May 29, 2018.

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IT IS SO STIPULA
S
ATED.

The reply brief in supp of the m
port
motion to wi
ithdraw the r
reference is set for June
e

Any prior hearing dates and briefin schedules are taken off calendar.
h
s
ng
s

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DA
ATED: May 16, 2018
y

RINCON LAW LLP
N
P

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By:

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/s/Jeffrey L. Fillerup
ey
p
Jeff
frey L. Filler
rup
Atto
orneys for P
Plaintiff Marl
lene G. Wein
nstein,
Cha
apter 7 Trust
tee

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ATED: May 17, 2018
y
DA

LECLA
AIRRYAN, L
LLP

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By: /s/J
Joanne Madd
den
Joan Madden
nne
n
Atto
orneys for D
Defendant Marcia Hodge
es

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ORD
DER

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Based on the for
regoing Stip
pulation, and for good cause appe
d
earing, IT I HEREBY
IS
Y
RDERED th the forego
hat
oing stipulat
tion is appro
oved and is o
ordered.
OR

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DATED: 5/17/2018
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By:

________
__________
___________
__________
_
Hon. Hay
ywood S. Gi
illiam, Jr.
United St
tates District Judge
t

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