Weinstein et al v. Kuhl et al

Filing 9

ORDER by Judge Haywood S. Gilliam, Jr. Granting 8 Stipulation to Continue the Briefing Schedule and Hearing Date of Motions to Withdraw the Reference. (ndrS, COURT STAFF) (Filed on 3/30/2018)

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JEFFREY L. FILLERUP (SBN 120543)
[e-mail]
CHARLES P. MAHER (SBN 124748)
[e-mail]
RINCON LAW LLP
268 Bush St. #3335
San Francisco, California 94104
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 TO CONTINUE THE
BRIEFING SCHEDULE AND HEARING
DATE OF MOTIONS TO WITHDRAW
THE REFERENCE, AND ORDER [Local
Rule 7-12]

Bankruptcy Case No. 17-40327 RLE
Adversary Proceeding No. 17-04020 RLE

Defendants.

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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; Defendants Gregory S. Kuhl, Susan Sparling, Alex Kaplan, Nancy

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Worrell, Dan Ward, William Kinnane, and Christine Zwerling (the “Director Defendants”), by

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and through their counsel Andrew P. Sclar of Ericksen Arbuthnot; and Defendant Marcia Hodges

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(“Hodges”), by and through her counsel Joanne Madden of LeclairRyan, LLP, as follows:

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WHEREAS, on February 3, 2017, Independent Adoption Center (the “Debtor”) filed a
Chapter 7 bankruptcy petition, Bankruptcy Case No. 17-40327 RLE;

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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, 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, which is set for hearing in this

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Court on June 14, 2018;

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

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Proceeding from the Bankruptcy Court to this Court, which is set for hearing in this Court on July

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5, 2018;

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

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WHEREAS, the Trustee and the Director Defendants/Hodges participated in an all-day

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mediation at Judicate West on March 21, 2018, and while the Adversary Proceeding did not

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settle at that time, the parties agreed to continue a second session of the mediation on May 9,

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2018;

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WHEREAS, the parties have stipulated to the continuance of certain pre-trial dates in the
Adversary Proceeding based on the parties’ interest in continuing the mediation process;

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WHEREAS, the parties are interested in continuing the dates for the briefing and hearing

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of the Director Defendants’ and Hodges’ motions to withdraw the reference, until after the

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second mediation session on May 9, 2018; 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 continuation of the dates for briefing and hearing of the motions to

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withdraw the reference, as follows:

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1.

The hearing date of the Director Defendants’ motion to withdraw the reference,

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which is now set for June 14, 2018 at 2:00 p.m. is continued to July 5, 2018 at 2:00 p.m. in

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Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, California.

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2.

The hearing date of Hodges’ motion to withdraw the reference will be set at the

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same date and time, namely, July 5, 2018 at 2:00 p.m. in Courtroom 2, 4th Floor, 1301 Clay

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Street, Oakland, California.

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3.

The date for the Trustee’s filing of an opposition to both motions to withdraw the

reference is continued to May 21, 2018.
4.

The Director Defendants’ reply brief in support of the motion to withdraw the

reference is continued to May 31, 2018.
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Hodges’ reply brief in support of her motion to withdraw the reference in

continued to May 31, 2018.

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DATED: March 30, 2018

RINCON LAW LLP

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By:

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/s/Jeffrey L. Fillerup
Jeffrey L. Fillerup
Attorneys for Plaintiff Marlene G. Weinstein,
Chapter 7 Trustee

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DATED: March 30, 2018

ERCIKSEN ARBUTHNOT

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By: /s/Andrew P. Sclar
Andrew P. Sclar
Attorneys for Defendants Gregory S. Kuhl, Susan
Sparling, Alex Kaplan, Nancy Worrell, Dan Ward,
William Kinnane, and Christine Zwerling

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DA
ATED: Mar 30, 2018
rch
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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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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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Da
ated: March 30, 2018
h
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By:

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

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