Knapp v. Noreen Cardinale

Filing 113

STIPULATION AND ORDER 110 to Continue Hearing on Defendant's Motion for Temporary Stay of Proceedings, and to Continue Pretrial Conference and Trial Date. Set/Reset Deadlines as to 101 Second MOTION to Stay. Jury Trial reset for 8/25/2 014 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference reset for 8/7/2014 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing reset for 8/1/2014 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 8/17/14. (jgS, COURT STAFF) (Filed on 6/18/2014)

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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

*E-FILED - 6/18/14*

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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 CONTINUE HEARING ON
DEFENDANT’S MOTION FOR
TEMPORARY STAY OF
PROCEEDINGS, TO CONTINUE
PRETRIAL CONFERENCE, AND TO
CONTINUE TRIAL
Hon. Ronald M. Whyte
Pre-Trial Conf.: July 3, 2014
Trial Date: July 28, 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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MILLER, his spouse; DANIEL R. MILLER )
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SR.; PASHLIN INC., a California
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corporation; DERALD R. KENOYER;
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KEITH CHARLES KNAPP; HOME LOAN )
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23 SERVICES CORPORATION dba
CALIFORNIA
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HOME LOANS, a California Corporation; )
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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. 5:12-CV-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 the following: i) that the hearing on Defendant Noreen
6 Cardinale’s Motion for Temporary Stay of Proceedings (“Motion to Stay”) (Doc. 101), currently
7 set for June 20, 2014, be continued until August 1, 2014; ii) that the pretrial conference, currently
8 set for July 3, 2014, be continued until August 7, 2014; and iii) that trial, currently set for July 28,
9 2014, be continued until August 25, 2014. The parties note that Defendant intends to timely file
10 her reply to Plaintiffs’ opposition to the Motion to Stay because such reply was completed prior to
11 the time that the parties reached agreement regarding the instant stipulation.
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Defendant’s motion seeks to stay this action brought pursuant to the Employee

13 Retirement Income Security Act of 1974, as amended. (See Declaration of Joseph A. Garofolo
14 (“Garofolo Decl.”) ¶ 3 filed concurrently herewith). Although Plaintiffs oppose any stay relating
15 to this action, after Plaintiffs’ counsel conferred with counsel for the trustee appointed in the
16 matter of the bankruptcy of Keith Charles Knapp (also a Plaintiff in the case in his capacity as
17 Trustee of the California Home Loans Profit Sharing Plan), the parties have agreed to stipulate to
18 the requested relief set forth above. (Id. at ¶¶ 4-6). The reason for the requested continuances is
19 so that the bankruptcy trustee may have additional time to determine whether she believes that it is
20 appropriate to seek to intervene in the instant action and to further evaluate her position with
21 regard to Defendant’s Motion to Stay. (See id. at ¶¶ 5-6).
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The trial and pretrial conference previously have been continued three times. (See

23 Stipulation and Order dated February 13, 2014 (Doc. 91); Order dated March 12, 2014 (Doc. 97);
24 Order dated June 5, 2014 (Doc. 107)). This stipulation will have the effect on the case of
25 continuing the pretrial conference for five weeks and trial for approximately one month. (See
26 Garofolo Decl. ¶ 8).
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IT IS SO STIPULATED AND AGREED.

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STIPULATION AND [] ORDER
Case No. 5:12-CV-05076-RMW-HRL

1 June 13, 2014

/s/ Michael L. Boli
Michael L. Boli
Attorney for Defendant/Judgment Creditor Noreen
Cardinale

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/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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ORDER

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

12 i) the hearing on Defendant’s Motion to Stay, currently set for June 20, 2014, is vacated and reset
13 to August 1, 2014, at 9:00 A.M.; ii) the pretrial conference, currently set for July 3, 2014, is
14 vacated and reset to August 7, 2014, at 2:00 P.M.; and iii) trial, currently set for July 28, 2014, is
15 vacated and reset to August 25, 2014, at 1: 0 P.M.
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IT IS SO ORDERED.
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Dated: June __, 2014

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [] ORDER
Case No. 5:12-CV-05076-RMW-HRL