Weinstein v. Kuhl

Filing 9

ORDER by Judge Haywood S. Gilliam, Jr. Granting 8 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-01545-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 Defendants Greg Kuhl, Susan Sparling, Alex Kaplan, Nancy

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Worrell, Daniel Ward, William Kinnane, and Christine Zwerling (collectively “Director

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Defendants”), by and through their counsel Jason W. Mauck of Ericksen Arbuthnot, 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;
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, and such motion was assigned

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Case No. 18-cv-01545-HSG;

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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 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 Director Defendants’

motion to withdraw the reference

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(Case No. 18-cv-01545-HSG) will be set for July 11, 2018 at 2:00 p.m. in Courtroom 2, 4th

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Floor, 1301 Clay Street, Oakland, California.

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2.

The date for the Trustee’s filing of an opposition to the Director Defendants’

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mo
otion to with
hdraw the reference is se for May 2 2018.
et
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3.

The reply brief in sup
pport of the Director D
Defendants’ motion to w
withdraw the
e

ref
ference is se for June 12, 2018.
et
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4.

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IT IS SO STIPULA
S
ATED.

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 16, 2018
y
DA

ERICKS
SEN ARBU
UTHNOT

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By: /s/J
Jason W. Ma
auck
Jaso W. Mauc
on
ck
Atto
orneys for D
Director Defe
endants

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ORD
DER

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regoing Stip
pulation, and for good cause appe
d
earing, IT I HEREBY
IS
Y
Based on the for
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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