Case 08-90439-JM

CSD 3019 [03/01/02]

Name, Address, Telephone No. & I.D. No.

Filed 03/05/09

Doc 14

Pg. 1 of 2

Joseph R. Dunn (238068) Mintz Levin Cohn Ferris Glovsky and Popeo P.C. 3580 Carmel Mountain Road, Suite 300 San Diego, CA 92130 858-314-1516 858-314-1501 Attorney for Plaintiff Leslie T. Gladstone, Chapter 7 Trustee
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA 325 West F Street, San Diego, California 92101-6991
In Re

UC LOFTS ON 4TH, LLC and UC LOFTS ON 5TH, LLC

Debtor.

BANKRUPTCY NO.

05-15409-JM7

LESLIE T. GLADSTONE, Chapter 7 Trustee

Plaintiff(s) v.

ADVERSARY NO. 08-90439-JM

SHARNEE FAMILY TRUST PARTNERSHIP, et al.

Defendants(s)

NOTICE OF PRE-TRIAL STATUS CONFERENCE TO:

SHARNEE FAMILY TRUST PARTNERSHIP, SHARNEE FAMILY TRUST DATED JANUARY 7, 1994, DONNA SUZANNE FERRARA, Trustee of the Sharnee Family Trust dated January 7, 1994, and DWIGHT W. JORY, Trustee of the Sharnee Family Trust dated January 7, 1994 and Trustee of the Sharnee Irrevocable Trust,
YOU ARE HEREBY NOTIFIED that the PRE-TRIAL STATUS CONFERENCE in the above entitled proceeding has been set for in Department No. 1 , Room 218

May 7, 2009

, at

2:00

p.m.,

of the Jacob Weinberger United States Courthouse, located at 325 West "F"

Street, San Diego, California 92101-6991.

DATED: March 5, 2009

/s/ Joseph R. Dunn

Attorney for Plaintiff Leslie T. Gladstone, Chapter 7 Trustee

Joseph R. Dunn MINTZ LEVIN COHN FERRIS GLOSKY & POPEO, PC

THIS NOTICE MUST BE ACCOMPANIED BY A COMPLETED CERTIFICATE OF COMPLIANCE WITH EARLY CONFERENCE OF COUNSEL PURSUANT TO LOCAL BANKRUPTCY RULE 7016-2

CSD 3019

American LegalNet, Inc. www.FormsWorkflow.com

CSD 3019 (Page 2) [03/01/02]

Case 08-90439-JM

Filed 03/05/09

Doc 14

Pg. 2 of 2

CERTIFICATE OF SERVICE I, the undersigned whose address appears below, certify: That I am, and at all times hereinafter mentioned was, more than 18 years of age;

March, 2009 That on 5th day of STATUS CONFERENCE by [describe here mode of service] U.S. MAIL

, I served a true copy of the within NOTICE OF PRE-TRIAL

on the following persons [set forth name and address of each person served] and as checked below: Defendants Attorney for Debtor (if required):

Attorneys for Sharnee Family Trust Partnership; Sharnee Family Trust Dated January 7, 1994 Daniel Singer, Esq.
Law Offices of Singer and Ventura, LLP 4431 S. Eastern Avenue, Suite 1 Las Vegas, NV 89119 Defendant Dwight Jory, Trustee of the Sharnee Family Trust Dated January 7, 1994 and Sharnee Irrevocable Trust Dwight Jory c/o Daniel Singer, Esq. Law Offices of Singer and Ventura, LLP 4431 S. Eastern Avenue, Suite 1 Las Vegas, NV 89119 Defendant Donna Suzanne Ferrara, Trustee of the Sharnee Family Trust Dated January 7, 1994 Donna Suzanne Ferrara 3233 Third Avenue San Diego, CA 92103

I certify under penalty of perjury that the foregoing is true and correct. Executed on March 5, 2009 (Date)

/s/ Diane Johnson

(Typed Name and Signature)

3580 Carmel Mountain Road, Suite 300

(Address)

San Diego, CA 92130

(City, State, ZIP Code)
American LegalNet, Inc. www.FormsWorkflow.com

CSD 3019

CSD 3018 [05/15/03]

Case 08-90439-JM

Filed 03/05/09

Doc 14-1

Pg. 1 of 4

Name, Address, Telephone No. & I.D. No.

Joseph R. Dunn (238068) Mintz Levin Cohn Ferris Glovsky and Popeo P.C. 3580 Carmel Mountain Road, Suite 300 San Diego, CA 92130 858-314-1516 858-314-1501

UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF CALIFORNIA 325 West F Street, San Diego, California 92101-6991 In Re

UC LOFTS ON 4TH, LLC and UC LOFTS ON 5TH LLC

Debtor.

BANKRUPTCY NO.

05-15409-JM7

LESLIE T. GLADSTONE, Chapter 7 Trustee

Plaintiff(s) v.

ADVERSARY NO.

08-90439-JM

SHARNEE FAMILY TRUST PARTNERSHIP, et al.

Defendants(s)

Date & Time of Pre-Trial Status Conference: Date: May 7, 2009 Time: 2:00 p.m. Name of Judge: Hon. James W. Meyers

CERTIFICATE OF COMPLIANCE WITH EARLY CONFERENCE OF COUNSEL [LOCAL BANKRUPTCY RULE 7016-2]
TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE: The parties submit the following CERTIFICATE OF COMPLIANCE WITH EARLY CONFERENCE OF COUNSEL requirements in accordance with Local Bankruptcy Rule 7016-2(c):

A.

PLEADINGS/SERVICE: 1. 2. Have all parties been served? Have all parties filed and served answers to the complaint, counter-complaints, etc.? Yes Yes No No

B.

DISCOVERY PLAN: 1. Fed. R. Bankr. P. 7026 and Local Bankruptcy Rule 7016-2 require the parties to meet within thirty (30) days after all defendants have appeared or, in cases having multiple defendants, within forty-five (45) days after the first defendant appears. The parties to this case met on March 4, 2009. The parties have agreed to make the disclosures required by Fed. R. Bankr. P. 7026(a)(1) by April 15, 2009. (Check one) A. The parties have agreed on the discovery plan attached as Exhibit A. or B. The parties cannot agree on a discovery plan and scheduling order. The attached Exhibit A sets forth the parties' disagreements and reasons for each party's position.

2. 3.

CSD 3018

American LegalNet, Inc. www.FormsWorkflow.com

CSD 3018 (Page 2) [05/15/03] C.

Case 08-90439-JM

Filed 03/05/09

Doc 14-1

Pg. 2 of 4

SETTLEMENT OR MEDIATION: 1. What is the status of settlement efforts?

Plaintiff is initiating discussions and will attempt to reach settlement prior to April 15, 2009, after which time Plaintiff will commence discovery.
2. Has this dispute been formally mediated? If so, when?

No.
3. Has mediation been discussed with your client? (See Local Bankruptcy Rule 7016-4.) Defendant Plaintiff Yes No Yes No

4.

The parties desire to go to voluntary, non-binding mediation. (See Local Bankruptcy Rule 7016-6.) They have reviewed the list of mediators on the court's website (www.casb.uscourts.gov) or obtained the list from the court and have selected the following persons subject to availability as first, second, and third choices for mediator: First Choice: Second Choice: Third Choice: Parties are requested to notify the courtroom deputy of their preferences at the time a pre-trial status conference date is obtained.

D.

READINESS FOR TRIAL: 1. When will you be ready for trial in this case? Plaintiff

Defendant

November 1, 2009
2.

November 1, 2009

If your answer to the above is more than five (5) months after the summons issued in this case, give reasons for further delay. Defendant Plaintiff

Delay in defendants' answer to complaint; potentially extensive discovery from defendants; anticipated delays in receiving discovery from defendants; economy for the estate given that other matters may allow estate to be resolved
3.

Discovery

When do you expect to complete your discovery efforts? Defendant Plaintiff

September 30, 2009 (except experts)

4.

September 30, 2009 (except experts)

What additional discovery do you require to prepare for trial? Plaintiff Defendant

Interrogatories, depositions, requests for admissions, and document requests from all defendants
E. TRIAL TIME: 1.

Interrogatories, depositions, requests for admissions, and document requests

What is your estimate of the time required to present your side of the case at trial (including rebuttal stage, if applicable)? Defendant Plaintiff

2 days
2.

2 days
How many witnesses do you intend to call at trial (including opposing parties)? Plaintiff Defendant

5-10

5-10

3.

Are any of the witnesses considered expert witnesses (Fed. R. Evid. 702)? If so, the parties agree to identify their expert witnesses by October 1, 2009. (See Fed. R. Bankr. P. 7026(a)(2)(C))
American LegalNet, Inc. www.FormsWorkflow.com

CSD 3018

CSD 3018 (Page 3) [05/15/03] 4.

Case 08-90439-JM

Filed 03/05/09

Doc 14-1

Pg. 3 of 4

How many exhibits do you anticipate using at trial? Defendant Plaintiff

20-50
5.

20-50
Are any special accommodations required for witnesses (e.g., assisted listening devices, etc.)? Check one: No Yes - Please specify:

6.

Is any special equipment required for presentation of evidence? Check one: No Yes - Please specify:

F.

ADDITIONAL COMMENTS/RECOMMENDATIONS RE TRIAL: (Use additional page if necessary.)

Dated: March 5, 2009

Dated: March 5, 2009

MINTZ LEVIN COHN FERRIS GLOVSKY & POPEO P.C.

Firm Name

LAW OFFICES OF SINGER AND VENTURA, LLP

Firm Name

By: /s/ Joseph R. Dunn Name: JOSEPH R. DUNN Attorney for: Leslie T. Gladstone, Chapter 7 Trustee

By: /s/ Daniel I. Singer Name: DANIEL I. SINGER

Sharnee Family Trust Partnership, and Sharnee

Attorney for: Family Trust Dated January 7, 1994

Local Bankruptcy Rule 7016-2(c) requires this form to be filed no later than five (5) days after early conference of counsel together with the NOTICE OF PRE-TRIAL STATUS CONFERENCE (Local Form CSD 3019). American LegalNet, Inc. CSD 3018
www.FormsWorkflow.com

CSD 3018 (Page 4) [05/15/03]

Case 08-90439-JM

Filed 03/05/09

Doc 14-1

Pg. 4 of 4

EXHIBIT A 1. DISCOVERY PLAN. The parties jointly propose to the court the following discovery plan: [Use separate paragraphs or subparagraphs as necessary if parties disagree.]

Discovery will be needed on the following subjects: (brief description of subjects on which discovery will be needed)

Circumstances surrounding transfer of property; knowledge of proceedings against defendants at time of transfer; status and membership of partnership; affirmative defense (e.g., good faith) raised by answering defendants.
All discovery commenced in time to be completed by September 30, 2009 .] be completed by n/a . [Discovery on (issue for early discovery) to

Maximum of 25 service.] Maximum of 25 days after service.] Maximum of 5

interrogatories by each party to any other part. [Responses due 30

days after

requests for admission by each party to any other party. [Responses due 30 depositions by plaintiff(s) and 5

by defendant(s).

Each deposition [other than of depositions taken outside of San Diego County ] limited to maximum of 7 hours unless extended by agreement of parties. Reports from retained experts under Fed. R. Bank. P. 7026(a)(2) due: a) b) from plaintiff(s) by n/a from defendant(s) by n/a

Supplementations under Fed. R. Bank. P. 7026(e) due (time(s) or interval(s) n/a ). 2. OTHER ITEMS. [Use separate paragraphs or subparagraphs as necessary if parties disagree.]

Plaintiff(s) should be allowed until August 15, 2009 to join additional parties and until August 15, 2009 to amend the pleadings. Defendant(s) should be allowed until August 15, 2009 to amend the pleadings. to join additional parties and until August 15, 2009

All potentially dispositive motions should be filed by September 15, 2009. Final lists of witnesses and exhibits under Fed. R. Bank. P. 7026(a)(3) should be due a) b) from plaintiff(s) by September 1, 2009 from defendant(s) by September 1, 2009 days after service of final lists of witnesses and exhibits to list objections under Fed. R.

Parties should have 10 Bank. P. 7026(a)(3). [Other matters.]

CSD 3018

American LegalNet, Inc. www.FormsWorkflow.com