Knapp v. Noreen Cardinale

Filing 106

STIPULATION AND ORDER 104 to Enlarge Time for Plaintiffs to Respond to Defendant's Motion for Temporary Stay of Proceedings and for Defendant to Reply to Plaintiffs' Response. Signed by Judge Ronald M. Whyte on 5/22/14. (jgS, COURT STAFF) (Filed on 5/22/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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5 KEITH CHARLES KNAPP, as Trustee of
the California Home Loans Profit Sharing
6 Plan; TRUST FOR THE
CALIFORNIA HOME LOANS
7 PROFIT SHARING PLAN, as a fiduciary
of the California Home Loans Profit Sharing
8 Plan; THERESE A. LAVOIE, as a
participant in the California Home Loans
9 Profit Sharing Plan,
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Plaintiffs,

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12 NOREEN CARDINALE, an individual,
13 Defendant.
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CASE NO. C 12-05076-RMW-HRL
STIPULATION AND []
ORDER TO ENLARGE TIME FOR
PLAINTIFFS TO RESPOND TO
DEFENDANT’S MOTION FOR
TEMPORARY STAY OF PROCEEDINGS
AND FOR DEFENDANT TO REPLY TO
PLAINTIFFS’ RESPONSE
Hon. Ronald M. Whyte
Pre-Trial Conf.: June 26, 2014
Trial Date: July 21, 2014
Hearing Date: June 20, 2014
Hearing Time: 9:00 a.m.
Courtroom 6 – 4th Floor

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Plaintiff,
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v.
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DANIEL R. MILLER JR.; PATRICE
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20 MILLER, his spouse; DANIEL R. MILLER )
SR.; PASHLIN INC., a California
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21 corporation; DERALD R. KENOYER;
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KEITH CHARLES KNAPP; HOME LOAN )
22 SERVICES CORPORATION dba
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CALIFORNIA
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23 HOME LOANS, a California Corporation; )
and DOES 1 through 100, inclusive
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Defendants.
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NOREEN CARDINALE,

RELATED CASE NO. C 12-05078-RMW
(Remanded Pursuant to Order Dated
February 15, 2013)

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STIPULATION AND [] ORDER
Case No. 12-05076-RMW-HRL

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Pursuant to Civil L.R. 6-2 and 7-12, Plaintiffs Keith Charles Knapp, as Trustee of the

2 California Home Loans Profit Sharing Plan, the Trust for the California Home Loans Profit
3 Sharing Plan, as a fiduciary of the California Home Loans Profit Sharing Plan, Therese A. Lavoie,
4 as a participant in the California Home Loans Profit Sharing Plan, and Defendant Noreen
5 Cardinale hereby stipulate and request that the deadline for Plaintiffs to respond to Defendant’s
6 Motion for Temporary Stay of Proceedings (“Motion”) (Doc. 101) and for Defendant to reply to
7 Plaintiffs’ response, currently due on May 29, 2014, and June 5, 2014, respectively, be extended
8 until June 6, 2014, and June 13, 2014, respectively.
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Defendant’s Motion seeks to stay this action brought pursuant to the Employee

10 Retirement Income Security Act of 1974, as amended. (See Declaration of Joseph A. Garofolo ¶ 3
11 filed concurrently herewith). Plaintiffs’ only counsel, Joseph A. Garofolo, has a vacation in
12 Hawaii scheduled from May 22, 2014, until June 1, 2014, and Plaintiffs’ response would otherwise
13 fall on May 29, 2014. (See id. at ¶¶ 3-5). Plaintiffs’ counsel’s vacation was scheduled well in
14 advance of the noticed motion. (See id. at ¶ 4). The requested extension for Plaintiffs’ response
15 until June 6, 2014, and for Defendant to reply until June 13, 2014, would not have any effect on
16 the noticed date for the Motion to be heard of June 20, 2014. (See id. at ¶ 6).
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This is the first request for an enlargement of time for Plaintiffs to file a response to

18 Defendant’s Motion and for Defendant to reply, and the parties do not believe that the requested
19 enlargement would have any effect on the schedule for the case. (See id. at ¶¶ 6-7).
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IT IS SO STIPULATED AND AGREED.

21 May 21, 2014
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24 May 21, 2014
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/s/ Michael L. Boli
Michael L. Boli
Attorney for Defendant/Judgment Creditor Noreen
Cardinale
/s/ Joseph A. Garofolo
Joseph A. Garofolo
Attorney for Plaintiffs Keith Charles Knapp, as Trustee of
the California Home Loans Profit Sharing Plan, the Trust
for the California Home Loans Profit Sharing Plan, as a
fiduciary of the California Home Loans Profit Sharing
Plan, and Therese A. Lavoie, as a participant in the
California Home Loans Profit Sharing Plan
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STIPULATION AND [] ORDER
Case No. 12-05076-RMW-HRL

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ORDER
Pursuant to the Stipulation, and good cause appearing, the Court orders the following:

3 i) Plaintiffs may file their response to Defendant’s Motion for Temporary Stay of Proceedings by,
4 and including, June 6, 2014; and ii) Defendant may file her reply to Plaintiffs’ response to
5 Defendant’s Motion for Temporary Say of Proceedings by, and including, June 13, 2014.
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IT IS SO ORDERED.

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Dated: May __, 2014
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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [] ORDER
Case No. 12-05076-RMW-HRL