Board of Trustees of IBEW Local Union No. 100 Pension Trust Fund et al v. Porges

Filing 18

STIPULATION and ORDER to extend Pretrial deadlines and continue deadlines signed by Judge Oliver W. Wanger on 12/30/2010.(Designation of Expert Witnesses due by 4/18/2011; Rebuttal or Supplemental Expert Witness Disclosures due by: 5/17/2011; Confide ntial Settlement Conference Statements due by: 5/19/2011; Settlement Conference set for 5/26/2011 at 10:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng; Discovery due by 6/7/2011; Non-Dispositive Motions filed by 6/17/2011; Non-Dis positive Motions Hearing set for 7/22/2011; Dispositive Motions filed by 7/18/2011; Dispositive Motions Hearing set for 8/22/2011; Pretrial Conference set for 10/17/2011 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger; Jury Trial set for 11/22/2011 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O)

1 MICHAEL E. MOSS 63408 HENRY Y. CHIU 222927 2 KIMBLE, MacMICHAEL & UPTON A Professional Corporation 3 5260 North Palm Avenue, Suite 221 Fresno, California 93704 4 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiffs 6 7 8 9 10 BOARDS OF TRUSTEES OF IBEW LOCAL UNION NO. 100 PENSION 11 TRUST FUND; IBEW LOCAL UNION NO. 100 HEALTH AND WELFARE 12 TRUST FUND; JOINT ELECTRICAL INDUSTRY TRAINING TRUST FUND; 13 NATIONAL ELECTRICAL BENEFIT FUND; and BOARD OF TRUSTEES of 14 IBEW DISTRICT NO. 9 PENSION PLAN TRUST FUND, 15 Plaintiffs 16 vs. 17 WILLIAM CHARLES PORGES, 18 individually and doing business as ACCELERATED ELECTRIC, 19 Defendant. 20 21 22 Plaintiffs Boards of Trustees of IBEW Local Union No. 100 Pension Trust Fund, IBEW UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION *** ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:09-CV-02170-OWW-MJS STIPULATION AND ORDER TO EXTEND PRETRIAL DEADLINES AND CONTINUE TRIAL [Fed. Rules Civ. Proc. Rule 6]

23 Local Union No. 100 Health and Welfare Trust Fund, Joint Electrical Industry Training Trust 24 Fund, National Electrical Benefit Fund, and Board of Trustees of IBEW District No. 9 Pension 25 Plan Trust Fund (collectively, "Plaintiffs") and defendant William Charles Porges ("Defendant") 26 hereby stipulate and agree to the following: 27 ///
LAW OFFICES

Kimble, MacMichael & Upton
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489

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1 STIPULATION AND ORDER TO EXTEND PRETRIAL DEADLINES AND CONTINUE TRIAL

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1.

The Parties are discussing settlement of the present action, or alternatively, a

2 resolution of certain discovery issues, in the hopes that said issues, or the entire action, may be 3 resolved between themselves, without the expenditure of further judicial resources. In light of the 4 approaching pretrial deadlines and trial date, however, the Parties respectfully submit the present 5 Stipulation and Proposed Order to Extend Pretrial Deadlines and Continue Trial. 6 2. The following deadlines are currently in effect, as provided in the Scheduling

7 Conference Order issued by the Court on April 22, 2010, and in the Local Rules for the United 8 States District Court, Eastern District of California: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /// 26 /// 27 ///
LAW OFFICES

Deadline to disclose expert witnesses Deadline to submit Confidential Settlement Conference Statement Settlement Conference Deadline to submit rebuttal or supplemental expert witness disclosures Discovery cut-off date Deadline to file non-dispositive motions Deadline to file dispositive motions Hearing on filed non-dispositive motions Hearing on filed dispositive motions Deadline to submit Joint Pretrial Conference Statement Pretrial Conference Trial

Jan. 17, 2011 Feb. 11, 2011 Feb. 16, 2011 10:00 a.m., Ctrm. 10 Feb. 17, 2011 Mar. 7, 2011 Mar. 25, 2011 Apr. 18, 2011 Apr. 29, 2011 9:00 a.m., Ctrm. 10 May 23, 2011 10:00 a.m., Ctrm. 3 Jul. 1, 2011 Jul. 11, 2011 11:00 a.m., Ctrm. 3 Aug. 23, 2011 9:00 a.m., Ctrm. 3

Kimble, MacMichael & Upton
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489

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2 STIPULATION AND ORDER TO EXTEND PRETRIAL DEADLINES AND CONTINUE TRIAL

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3.

The Parties hereby stipulate and agree to extend the above deadlines and trial date

2 as provided below ­ or to any other dates or times convenient for the Court ­ and respectfully 3 request a Court order to that effect: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
LAW OFFICES

Deadline to disclose expert witnesses Deadline to submit Confidential Settlement Conference Statement Settlement Conference Deadline to submit rebuttal or supplemental expert witness disclosures Discovery cut-off date Deadline to file non-dispositive motions Deadline to file dispositive motions Hearing on filed non-dispositive motions Hearing on filed dispositive motions Deadline to submit Joint Pretrial Conference Statement Pretrial Conference Trial

Apr. 18, 2011 May 19, 2011 May 26, 2011 10:00 a.m., Ctrm. 6 May 17, 2011 Jun. 7, 2011 Jun. 17, 2011 Jul. 18, 2011 Jul. 22, 2011 9:00 a.m., Ctrm. 6 Aug. 22, 2011 10:00 a.m., Ctrm. 3 Oct. 7, 2011 Oct. 17, 2011 11:00 a.m., Ctrm. 3 Nov. 22, 2011 9:00 a.m., Ctrm. 3

Dated: December 29, 2010.

KIMBLE, MacMICHAEL & UPTON A Professional Corporation By: /s/ Henry Y. Chiu HENRY Y. CHIU, Attorney for Plaintiffs

Dated: December 29, 2010.

MARKS, GOLIA & FINCH, LLP A Limited Liability Partnership By: /s/ Chad T. Wishchuk CHAD T. WISHCHUK, Attorney for Defendant

Kimble, MacMichael & Upton
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489

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NO FURTHER CONTINUANCES IT IS SO ORDERED. Dated:
DEAC_Signature-END:

December 30, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

5 emm0d64h 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
LAW OFFICES

Kimble, MacMichael & Upton
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489

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