Bensi et al v. AC Service & Design Company

Filing 39

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 11/12/2008. (bzsec, COURT STAFF) (Filed on 11/12/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001 LINDA BALDWIN JONES, Bar No. 178922 ANDREA LAIACONA, Bar No. 208742 KRISTINA M. ZINNEN, Bar No. 245346 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone 510.337.1001 Fax 510.337.1023 E-mail: courtnotices@unioncounsel.net Attorneys for Plaintiffs PHILLIP SIMS, Bar No. 51590 P. SOPHIE MAI, Bar No. 254361 SIMS & LAYTON 84 W. Santa Clara Street, # 660 San Jose, California 95113 Telephone 408.298.3400 Fax 408.297.1104 E-mail: psims@simsandlayton.com Attorneys for Defendant UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PAUL BENSI, BART FLORENCE, JERRY KALMAR, and LYLE SETTER, in their capacities as Trustees of the STATIONARY ENGINEERS LOCAL 39 PENSION TRUST FUND; STATIONARY ENGINEERS LOCAL 39 ANNUITY TRUST FUND; and STATIONARY ENGINEERS LOCAL 39 HEALTH AND WELFARE TRUST FUND, Plaintiffs, vs. AC SERVICE & DESIGN COMPANY, a California Corporation, Defendant. /// ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 08-01757 BZ STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER Local Rules 6-1 and 6-2 28 STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER Case No. CV 08-01757 BZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001 Pursuant to Local Rules 6-1 and 6-2, the parties, Plaintiffs Paul Bensi, Bart Florence, Jerry Kalmar, Lyle Setter, in their capacities as Trustees of the Stationary Engineers Local 39 Pension Trust Fund, Stationary Engineers Local 39 Annuity Trust Fund and Stationary Engineers Local 39 Health and Welfare Trust Funds (hereinafter "Plaintiffs"), and Defendant AC Service & Design (hereinafter "Defendant"), by and through their undersigned counsel, jointly submit this Stipulated Request for an Order Changing Time. Pursuant to Local Rule 6-2, the reasons and effects of the requested time modification is set forth in the accompanying Declaration of Kristina M. Zinnen (hereinafter "Zinnen Decl.") filed concurrently herewith. The parties have conferred and have determined that it will benefit the parties in this litigation if all pleading deadlines for filing cross-motions for summary judgment required by the Court are modified as follows: Change the deadline for Plaintiffs to file the lead motion from December 1, 2008 to December 9, 2008. Change the deadline for Defendant to file a cross-motion and opposition to Plaintiffs' motion from December 15, 2008 to December 23, 2008. Change the deadline for Plaintiffs to file their opposition to Defendant's cross-motion and reply to Defendant's opposition from December 29, 2008 to January 9, 2009. Change the deadline for Defendant to file its reply from January 7, 2009 to January 16, 2009. (Zinnen Decl. 2.) The parties agree that the January 21, 2009 hearing date will remain unchanged. (Zinnen Decl. 3.) To date, there has been no other time modification made in this case either by stipulation or Court order. (Zinnen Decl. 6.) /// /// /// -2STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER Case No. CV 08-01757 BZ 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001 IT IS SO STIPULATED AND AGREED. Dated: November 7, 2008 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ LINDA BALDWIN JONES ANDREA LAIACONA KRISTINA M. ZINNEN Attorneys for Plaintiffs Dated: November 7, 2008 SIMS & LAYTON By: /s/ PHILLIP SIMS P. SOPHIE MAI Attorneys for Defendant [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The court may change the hearing date once it sees the motions. Dated : November 12 , 2008 By: 117866/511488 THE HONORABLE BERNARD ZIMMERMAN United States District Judge 28 -3STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER Case No. CV 08-01757 BZ

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