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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1 2 3 4 5 6 JEFFREY L. FILLERUP (SBN 120543) jfillerup@rinconlawllp.com CHARLES P. MAHER (SBN 124748) cmaher@rinconlawllp.com RINCON LAW LLP 200 California St., Suite 400 San Francisco, CA 94111 Telephone: (415) 996-8199 Facsimile: (415) 680-1712 Attorneys for Plaintiff Marlene G. Weinstein, Chapter 7 Trustee 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 In re 12 INDEPENDENT ADOPTION CENTER, 13 14 Case 4:18-cv-01351-HSG Debtor. MARLENE G. WEINSTEIN, Trustee, 15 Plaintiff, 16 v. 17 18 19 20 21 22 23 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] 24 25 26 This Stipulation is entered into by and between Plaintiff Marlene G. Weinstein, Chapter 7 27 Trustee of the estate of Independent Adoption Center, by and through her counsel Jeffrey L. 28 Fillerup of Rincon Law LLP, and Defendant Marcia Hodges (“Hodges”), by and through her 1 1 2 3 4 5 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”); 6 WHEREAS, on March 21, 2017, the Trustee filed an adversary proceeding, A.P. No. 17- 7 4020 RLE (the “Adversary Proceeding”), against certain former members of the Debtor’s Board 8 of Directors, referred to as the Director Defendants, and a former officer of the Debtor, Marcia 9 Hodges; 10 WHEREAS, Marcia Hodges filed a motion to withdraw the reference of the Adversary 11 Proceeding from the Bankruptcy Court to this Court, and such motion was assigned Case No. 18- 12 cv-01351-HSG; 13 WHEREAS, the Director Defendants filed a motion to withdraw the reference of the 14 Adversary Proceeding from the Bankruptcy Court to this Court, and such motion was assigned 15 Case No. 18-cv-01545-HSG; 16 WHEREAS, the Trustee plans to oppose the two motions to withdraw the reference; 17 WHEREAS, the two motions to withdraw the reference relate to the same case in the 18 Bankruptcy Court (A.P. No. 17-04020-RLE), so the parties believe that it is in the interest of 19 judicial economy to have the same briefing schedule and hearing date for both motions to 20 withdraw the reference; and 21 WHEREAS, the parties enter into this Stipulation pursuant to Local Rule 7-12 and seek 22 an order approving the common dates for the further briefing of the motions and the setting of the 23 hearing date for the two motions at the same time, as follows: 24 1. The hearing date of the Marcia Hodges’ motion to withdraw the reference (Case 25 No. 18-cv-01351-HSG) will be set for July 11, 2018 at 2:00 p.m. in Courtroom 2, 4th Floor, 26 1301 Clay Street, Oakland, California. 27 28 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. 2 1 3. 2 12 2018. 2, 3 4. 4 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 5 6 DA ATED: May 16, 2018 y RINCON LAW LLP N P 7 By: 8 9 /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 10 11 12 ATED: May 17, 2018 y DA LECLA AIRRYAN, L LLP 13 By: /s/J Joanne Madd den Joan Madden nne n Atto orneys for D Defendant Marcia Hodge es 14 15 16 ORD DER 17 18 19 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 20 21 DATED: 5/17/2018 22 23 By: ________ __________ ___________ __________ _ Hon. Hay ywood S. Gi illiam, Jr. United St tates District Judge t 24 25 26 27 28 3

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