Opinion
SEYFARTH SHAW LLP, Kathleen Cahill Slaught, Michelle M. Scannell, San Francisco, California, Attorneys for Cross-Defendant and Counter-Claimant, WELLS FARGO & COMPANY CASH BALANCE, PLAN, erroneously sued as WELLS FARGO & COMPANY, and Counter-Claimant WELLS FARGO & COMPANY.
JOHN STEVEN CECHINI, INC., John Steven Cechini, Attorney Plaintiff, TAMMIE S. COHEN.
TUTTLE & VAN KONYNENBURG, L.L.P., Frank A. Van Konynenburg, Attorneys for Defendant, Cross-Complainant and Counter-Defendant, SONJA DIANE KNUTSEN.
STIPULATION AND ORDER CONTINUING SCHEDULING CONFERENCE PENDING RULING ON MOTION TO REMAND
STANLEY A. BOONE, Magistrate Judge.
Pursuant to Civil Local Rule 143, the parties to the above-entitled actions, through counsel, jointly submit this Stipulation and Proposed Order Continuing Case Management Conference Pending Ruling on Motion to Remand, as follows:
WHEREAS, on May 9, 2013, Wells Fargo & Company ("Wells Fargo") removed this action to this Court on the basis that Sonja Knutsen's Cross-Complaint, filed in Stanislaus County Superior Court, was subject to removal on the basis of federal question jurisdiction;
WHEREAS, on May 16, 2013, Wells Fargo and its Cash Balance Plan ("Plan") filed an Answer to Ms. Knutsen's Cross-Complaint and a Counter-Complaint in Interpleader against Ms. Knutsen and Tammie Cohen;
WHEREAS, on June 11, 2013, Ms. Cohen filed a Motion to Remand this action to state court, currently scheduled for hearing on July 31, 2013; and
WHEREAS, pursuant to the Court's Order Setting Mandatory Scheduling Conference for July 23, 2013, all parties are required to conduct a conference regarding a Joint Scheduling Report by July 3, 2013, and to file a Joint Scheduling Report by July 16, 2013.
IT IS HEREBY STIPULATED AND AGREED by and among the parties, through their respective counsel of record, as follows: in light of Ms. Cohen's pending Motion to Remand, the parties respectfully request that the Court continue the Mandatory Scheduling Conference to August 27, 2013 at 3:30 p.m., or another date and time convenient for the Court, if the Court retains jurisdiction of this action following its ruling on Ms. Cohen's Motion to Remand.
The parties further respectfully request that the Court continue all deadlines affiliated with the Mandatory Scheduling Conference.
PURSUANT TO STIPULATION, IT IS SO ORDERED, as follows:
The Mandatory Scheduling Conference currently scheduled for July 23, 2013 is continued to August 27, 2013 at 3:30 p.m. The Joint Scheduling Report shall be filed at least one week prior to the Mandatory Scheduling Conference.
IT IS SO ORDERED.