Weinstein et al v. Kuhl et al
Filing
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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)
jfillerup@rinconlawllp.com
CHARLES P. MAHER (SBN 124748)
cmaher@rinconlawllp.com
RINCON LAW LLP
268 Bush St. #3335
San Francisco, California 94104
Telephone:
(415) 996-8199
Facsimile:
(415) 680-1712
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.
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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
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By:
________
__________
___________
__________
_
Hon. Hay
ywood S. Gi
illiam, Jr.
United St
tates District Judge
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