Bensi et al v. AC Service & Design Company

Filing 73

STIPULATION AND ORDER CONTINUING DISPOSITIVE MOTION HEARING DEADLINE. Signed by Magistrate Judge Bernard Zimmerman on 3/16/2009. (bzsec, COURT STAFF) (Filed on 3/16/2009)

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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 KRISTINA M. ZINNEN, Bar No. 245346 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone [phone] Fax [phone] E-mail: [e-mail] 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 [phone] Fax [phone] E-mail: [e-mail] 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. /// /// ///

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No.

CV 08-01757 BZ

STIPULATION AND [PROPOSED] ORDER CONTINUING DISPOSITIVE MOTION HEARING DEADLINE [L.R. 6-2]

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Stipulation and [Proposed] Order Continuing Dispositive Motion Deadline (Case No. CV-08-01757 BZ)

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ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

Plaintiffs Paul Bensi, Bart Florence, Jerry Kalmar, and Lyle Setter were and are Trustees and together comprise the Board of Trustees of the Plaintiffs Stationary Engineers Local 39 Pension Trust Fund, Stationary Engineers Local 39 Annuity Trust Fund and Stationary Engineers Local 39 Health & Welfare Fund ("Plaintiffs"), and Defendant AC Service & Design Company ("Defendant"), through their respective counsel, hereby stipulate to and request that the Court extend the deadline to Hear Dispositive Motions to May 20, 2009. 1. Following the Case Management Conference, the Court issued its Order Scheduling

Court Trial. Pursuant to said Order, the Court set the Last Day to Hear Dispositive Motions for April 29, 2009, the Pretrial Conference for June 9, 2009 and the first day of Trial for June 29, 2009. 2. In order for the Court to hear all Dispositive Motions by April 29, 2009, Plaintiffs

intend on filing a Motion for Summary Adjudication as to liquidated damages and interest on March 13, 2009. When Plaintiffs' counsel contacted Honorable Judge Zimmerman's Clerk for a hearing date for Plaintiffs' Motion for Summary Adjudication, she was informed that Honorable Judge Zimmerman will be holding only criminal calendar during the month of April. The Court's Clerk provided Plaintiffs' counsel with a hearing date of May 20, 2009. 3. Given that the Last Day to Hear Dispositive Motions is April 29, 2009 and the

Court will hold only criminal calendar during the month of April, the parties hereby request that the Court extend the Last Day to Hear Dispositive Motions from April 29, 2009 to May 20, 2009, or in the alternative, rule on Plaintiffs' Motion for Summary Adjudication without a hearing. 4. The parties have discussed this matter and agree that the requested extension as to

the Last Day to Hear Dispositive Motions will have no adverse effect on the schedule for the Pretrial Conference and Trial. The parties expect that extending the Last Day to Hear Dispostive Motions, including Plaintiffs' Motion for Summary Adjudication, will narrow the issues for trial. /// /// /// /// -2Stipulation and [Proposed] Order Continuing Dispositive Motion Deadline (Case No. CV-08-01757 BZ)

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

Therefore, Plaintiffs and Defendant, through their respective counsel, stipulate and agree as follows: 1. The Last Day to Hear Dispositve Motions is extended to May 20, 2009. WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ Linda Baldwin Jones LINDA BALDWIN JONES Attorneys for Plaintiffs

Dated: March 13, 2009

Dated: March 13, 2009

SIMS & LAYTON By: /s/ P. Sophie Mai PHILLIP SIMS P. SOPHIE MAI Attorneys for Defendant

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS ORDERED. he Last Day to Hear Dispositve Motions is extended to May 20, 2009.

March 16, 2009 Dated: ____________________ By: THE HONORABLE BERNARD ZIMMERMAN UNITED STATES DISTRICT JUDGE

117866/523805

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-3Stipulation and [Proposed] Order Continuing Dispositive Motion Deadline (Case No. CV-08-01757 BZ)