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Knapp v. Cardinale

United States District Court, N.D. California, San Jose Division

February 13, 2014

KEITH CHARLES KNAPP, as Trustee of the California Home Loans Profit Sharing Plan; TRUST FOR THE CALIFORNIA HOME LOANS PROFIT SHARING PLAN, as a fiduciary of the California Home Loans Profit Sharing Plan; THERESE A. LAVOIE, as a participant in the California Home Loans Profit Sharing Plan, Plaintiffs,
v.
NOREEN CARDINALE, an individual, Defendant. NOREEN CARDINALE, Plaintiff,
v.
DANIEL R. MILLER JR.; PATRICE MILLER, his spouse; DANIEL R. MILLER SR.; PASHLIN INC., a California corporation; DERALD R. KENOYER; KEITH CHARLES KNAPP; HOME LOAN SERVICES CORPORATION dba CALIFORNIA HOME LOANS, a California Corporation; and DOES 1 through 100, inclusive Defendants.

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

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.

STIPULATION AND [] ORDER TO CONTINUE PRETRIAL CONFERENCE AND TRIAL

RONALD M. WHYTE, District Judge.

Pursuant to Civil L.R. 6-2 and 7-12, 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, Therese A. Lavoie, as a participant in the California Home Loans Profit Sharing Plan, and Defendant Noreen Cardinale hereby stipulate and request that the pretrial conference currently set for February 27, 2014, and the trial currently set for March 17, 2014, in the instant action be continued until March 27, 2014, and April 21, 2014, respectively, or to such dates as the Court may determine appropriate following the Case Management Conference set for February 21, 2014.

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

This is the first request for a continuance of the pretrial conference or trial. ( See id. at ¶ 6).

IT IS SO STIPULATED AND AGREED.

ORDER

Pursuant to the Stipulation, and good cause appearing, the Court orders the following: i) the pretrial conference currently set for February 27, 2014, is rescheduled for March 27, 2014, at 2:00 P.M.; and ii) trial currently set for March 17, 2014, is rescheduled for April 21, 2014, at 1:30 P.M.

IT IS SO ORDERED.


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