Knapp v. Noreen Cardinale

Filing 91

STIPULATION AND ORDER 88 to Continue Pretrial Conference and Trial. Jury Trial set for 4/21/2014 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 3/27/2014 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. The 2/21/2014 CMC is Off Calendar. Signed by Judge Ronald M. Whyte on 2/13/14. (jgS, COURT STAFF) (Filed on 2/13/2014)

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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
STIPULATION AND []
ORDER TO CONTINUE PRETRIAL
CONFERENCE AND TRIAL
Hon. Ronald M. Whyte

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

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STIPULATION AND [] ORDER
Case No. 3:12-CV-04000 SC

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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 Cardinale
5 hereby stipulate and request that the pretrial conference currently set for February 27, 2014, and the
6 trial currently set for March 17, 2014, in the instant action be continued until March 27, 2014, and
7 April 21, 2014, respectively, or to such dates as the Court may determine appropriate following the
8 Case Management Conference set for February 21, 2014.
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This action involves claims brought pursuant to the Employee Retirement Income

10 Security Act of 1974, as amended (“ERISA”), which is comprehensive federal regulation
11 governing private employee benefit plans. (See Declaration of Joseph A. Garofolo ¶ 3 filed
12 concurrently herewith). On January 24, 2014, the Superior Court of the State of California in and
13 for the County of Contra Costa issued a ruling that provides that “even if a current valid ERISA
14 plan exists now, it did not exist at the time of the levy at issue herein was served on First Republic
15 Bank on 12/14/11.” (See id. at ¶ 4). The parties disagree as to the effect, or lack thereof, of the
16 January 24, 2014 ruling of the state court. (See id.). However, the parties wish to obtain guidance
17 from the Court prior to exchanging pretrial disclosures and making the additional filings set forth
18 in the Court’s Standing Order. (See id. at ¶ 5). In addition, the parties understand that the Court
19 has scheduled a case management conference for February 21, 2014, with a revised joint case
20 management statement due by February 14, 2014, to discuss the ruling of the state court. (See id.).
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This is the first request for a continuance of the pretrial conference or trial. (See id. at ¶

22 6).
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STIPULATION AND [] ORDER
Case No. 3:12-CV-04000 SC

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IT IS SO STIPULATED AND AGREED.

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February 7, 2014

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

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6 February 7, 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

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ORDER

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

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15 i) the pretrial conference currently set for February 27, 2014, is rescheduled for March 27, 2014, at
16 2:00 P.M.; and ii) trial currently set for March 17, 2014, is rescheduled for April 21, 2014, at 1:30
17 P.M.
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IT IS SO ORDERED.

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Dated: February __, 2014
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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [] ORDER
Case No. 3:12-CV-04000 SC