Knapp v. Noreen Cardinale

Filing 128

STIPULATION AND ORDER 127 to Continue Pretrial Conference to Continue Trial. Jury Trial set for 12/8/2014 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 11/6/2014 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 9/16/14. (jgS, COURT STAFF) (Filed on 9/16/2014)

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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,

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

CASE NO. C 12-05076-RMW-HRL
STIPULATION AND []
ORDER TO CONTINUE PRETRIAL
CONFERENCE AND TO CONTINUE
TRIAL
Hon. Ronald M. Whyte
Pre-Trial Conf.: October 9, 2014
Trial Date: October 20, 2014

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, Defendant Noreen Cardinale,
5 and (by special appearance) Doris Kaelin, the Chapter 7 Trustee, hereby stipulate and request the
6 following: i) that the pretrial conference, currently set for October 9, 2014, be continued until
7 November 6, 2014; and ii) that trial, currently set for October 20, 2014, be continued until
8 December 8, 2014.
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This action was brought pursuant to the Employee Retirement Income Security Act of

10 1974, as amended. (See Declaration of Joseph A. Garofolo (“Garofolo Decl.”) ¶ 3 filed
11 concurrently herewith). One of the Plaintiffs in the instant action, Keith Charles Knapp, has
12 declared bankruptcy in his personal capacity. (See Plaintiffs’ Request for Judicial Notice (Doc.
13 124)). Consistent with the Stipulation and Order to Continue Pretrial Conference and Continue
14 Trial dated August 1, 2014 (Doc. 122), and the parties’ representations at the hearing held on
15 August 1, 2014, Plaintiffs filed their Motion to Refer This Action to Bankruptcy Court (“Motion to
16 Refer”) (Doc. 123) on August 29, 2014. The hearing on Plaintiffs’ Motion to Refer is set for
17 October 3, 2014. (See Garofolo Decl. ¶ 4). Because pretrial disclosures currently would be due on
18 September 25, 2014 (10 court days before the pretrial conference), which is prior to the hearing on
19 Plaintiffs’ Motion to Refer, the parties request a continuance of the pretrial conference and trial so
20 that the Court may rule on the Motion to Refer prior to the deadline for pretrial disclosures. (See
21 id.). With a continuance of the pretrial conference until November 6, 2014, pretrial disclosures
22 would be due on October 23, 2014, which should provide the parties with sufficient time to
23 prepare their pretrial disclosures should this Court deny the Motion to Refer. (See id. at ¶ 5). The
24 relief is also appropriate in that Ms. Kaelin (who believed that the necessity to intervene was
25 mooted by the Motion to Refer) may know to which court she should address a future intervention
26 request. (See id.).
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Trial previously has been continued five times and the pretrial conference has been

28 continued six times. (See Stipulation and Order dated February 13, 2014 (Doc. 91); Order dated
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STIPULATION AND [] ORDER
Case No. 5:12-CV-05076-RMW-HRL

1 March 12, 2014 (Doc. 97); Order dated June 5, 2014 (Doc. 107); Order dated June 17, 2014 (Doc.
2 113); Stipulation and Order dated August 1, 2014; Clerk’s Notice of Continuance of Pretrial
3 Conference entered on September 2, 2014 (Doc. 125)). This stipulation will have the effect on the
4 case of continuing the pretrial conference for approximately one month and trial for approximately
5 six weeks. (See Garofolo Decl. ¶ 8).
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IT IS SO STIPULATED AND AGREED.

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9 September 16, 2014
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/s/ Michael L. Boli
Michael L. Boli
Attorney for Defendant/Judgment Creditor Noreen
Cardinale

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September 16, 2014

/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

September 16, 2014

/s/ Laura A. Palazzolo
Laura A. Palazzolo
Attorney Specially Appearing for Doris Kaelin, Chapter 7
Trustee

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

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

3 i) the pretrial conference, currently set for October 9, 2014, at 2:00 P.M., is vacated and reset to
4 November 6, 2014, at 2:00 P.M.; and ii) trial, currently set for October 20, 2014, at 1 0
5 vacated and reset to December 8, 2014, at 1: 0 P.M.
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IT IS SO ORDERED.

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9 Dated: September
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, 2014
RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE

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

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