Bensi et al v. AC Service & Design Company

Filing 52

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 12/19/2008. (bzsec, COURT STAFF) (Filed on 12/22/2008)

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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 28 Phillip M Sims (SBN: 51590) P. Sophie Mai (SBN: 254361) SIMS & LAYTON 84 W. Santa Clara St., #660 San Jose, CA 95113 (408) 998-3400 Email: attorneys@simsandlayton.com Attorney for Defendant AC Service and Design Linda Baldwin Jones (SBN: 178922) Andrea Laiacona (SBN: 208742) Kristina M. Zinnen (SBN:245346) WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 (510) 337-1001 Email: courtnotices@unioncounsel.net Attorneys for Plaintiff 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, Plaintiff, v. AC SERVICE & DESIGN COMPANY, A California Corporation, Defendant. ________________________________________ Case No: C 08 -01757- CW STIPULATED REQUEST FOR ORDER CHANGING TIME AND [PROPOSED] ORDER. //// ///// //// 1 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 28 court. //// ///// ///// Pursuant to Local Rules 6-1 and 6-2, the parties, Defendant AC Service & Design (hereinafter "Defendant") and Plaintiffs Paul Bensi, Bart Florence, Jerry Kalmar, Lyle Setter, in their capacities as Trustees of the Stationary Engineers Local 39 Pension Trust Fun, Stationary Engineers Local 39 Annuity Trust Fund and Stationary Engineers Local 39 Health and Welfare Trust Funds (hereinafter "Plaintiffs" ), by and through their undersigned counsel, jointly submit this Stipulated Request for an Order Changing Time. Pursuant to Local Rule 6-1 and 6-2, the reasons and effects of the requested time modifications is set forth in the accompanying Declaration of P. Sophie Mai (hereinafter "Mai Decl.") filed concurrently therewith. The parties have conferred and have determined that it will benefit the parties in this litigation if the following dates will be modified as followed : · Change the Deadline for Plaintiffs to file their opposition to Defendant's crossmotion and reply to Defendant's opposition to Plaintiff's motion from January 9, 2009 to January 16, 2009. · Change the deadline for Defendant to file its reply from January 16, 2009 to January 23, 2009. · Continue the January 21, 2009 Summary Judgment Cross-motions hearing to February 4, 2009. To date, the parties have modified the pleading deadlines for filing cross motions for summary judgment required by the court through stipulation and order. There are no other time modifications. The requested date changes will have no effect on the remaining scheduled deadlines with the 2 1 IT IS SO STIPULATED AND AGREED. 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 28 3 December 19, 2008 Dated _______________ BY ____________________________________ THE HONORABLE BERNARD ZIMMERMAN United Stated District Judge Dated December 17, 2008 Dated December 17, 2008 SIMS AND LAYTON By : ____/s/___________________ Phillip M. Sims P. Sophie Mai Attorneys for Defendants WEINBERG, ROGER & ROSENFELD By ______/s/___________________ Linda Baldwin Jones Andrea Laiacona Kristina M. Zinnen [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

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