The Board of Trustees v. Escobar et al

Filing 29

STIPULATION AND ORDER re 28 Stipulation, filed by The Board of Trustees, in their capacities as Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California, Cement Masons Pension Trust Fund for Northern California, Cement Ma sons Vacation/Holiday Trust Fund for Northern California, The Board of Trustees, Cement Masons Apprenticeship & Training Trust Fund for Northern California. Signed by Magistrate Judge Elizabeth D. Laporte on January 16, 2009. (edllc2, COURT STAFF) (Filed on 1/16/2009)

1 2 3 4 5 6 7 8 9 10 11 12

BARRY E. HINKLE, Bar No. 071223 NICOLE M. PHILLIPS, Bar No. 203786 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 Telephone [phone] Facsimile [phone] Attorneys for Plaintiffs ROBERT K. CARROL, State Bar No. 81277 [e-mail] JOSHUA M. HENDERSON, State Bar No. 197435 [e-mail] NIXON PEABODY LLP One Embarcadero Center, 18th Floor San Francisco, California 94111-3600 Telephone: [phone] Fax: [phone] Attorneys for Defendants

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
) THE BOARD OF TRUSTEES, in their ) capacities as Trustees of the LABORERS ) HEALTH AND WELFARE TRUST FUND ) FOR NORTHERN CALIFORNIA; LABORERS ) VACATION-HOLIDAY TRUST FUND FOR ) ) NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN ) ) CALIFORNIA; and LABORERS TRAINING ) AND RETRAINING TRUST FUND FOR ) NORTHERN CALIFORNIA, )

No. CV 08 2535 EDL (Consolidated with CV 08-02557 EDL)

STIPULATION TO CONTINUE PRETRIAL SCHEDULE; [PROPOSED] ORDER

Plaintiffs, v. CLIFFORD GREGORY ESCOBAR, Individually, CLIFFORD GREGORY ESCOBAR, Individually and doing business as ESCOBAR & ESCOBAR CONCRETE CONSTRUCTION; CATHERINE JOY ESCOBAR, Individually, CATHERINE JOY

) ) ) ) ) ) ) ) ) ) ) ) ) )

STIPULATION TO CONTINUE PRETRIAL SCHEDULE; [PROPOSED] ORDER

1 2 3 4 5 6 7 8 9 10 11 12

ESCOBAR, Individually and doing business as ESCOBAR & ESCOBAR CONCRETE CONSTRUCTION; and ESCOBAR & ESCOBAR CONCRETE CONSTRUCTION Defendants.

THE BOARD OF TRUSTEES, in their capacities as Trustees of the CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; CEMENT MASONS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; CEMENT MASONS VACATION/HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; CEMENT MASONS APPRENTICESHIP AND TRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiffs,

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 [phone]

v. CLIFFORD GREGORY ESCOBAR, Individually, CLIFFORD GREGORY ESCOBAR, Individually and doing business as ESCOBAR & ESCOBAR CONCRETE CONSTRUCTION; CATHERINE JOY ESCOBAR, Individually, CATHERINE JOY ESCOBAR, Individually and doing business as ESCOBAR & ESCOBAR CONCRETE CONSTRUCTION; and ESCOBAR & ESCOBAR CONCRETE CONSTRUCTION Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

No. CV 08-02557 EDL (Consolidated with CV 08-02557 EDL)

Plaintiffs and Defendants hereby stipulate as follows: The parties through their legal counsel attended a mediation on November 14, 2008, and within a few weeks after the mediation, the parties agreed orally to settlement terms. The parties are still in the process of reviewing language for a final settlement agreement. Anticipating settlement and in order to avoid costs, the parties have not engaged in any

STIPULATION TO CONTINUE PRETRIAL SCHEDULE; [PROPOSED] ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13

additional discovery in this matter. The parties therefore stipulate to continue the deadlines set forth in the Court's September 30, 2008, pretrial schedule for at least 30 days. A subsequent case management conference is set for January 27, 2009, by which time the parties hope that this case will either settle or will be able to agree upon a new pretrial schedule.

Dated: January 14, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: //s// NICOLE M. PHILLIPS Attorneys for Plaintiffs Dated: January 14, 2009 NIXON PEABODY LLP By: //s// JOSHUA M. HENDERSON Attorneys for Defendants

14 15 16 17 18 19 20 21 22 23
118855/517355

24 25 26 27 28
WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 [phone]

STIPULATION TO CONTINUE PRETRIAL SCHEDULE; [PROPOSED] ORDER

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

[PROPOSED] ORDER The foregoing Stipulation to Continue Pretrial Schedule for at least 30 days is hereby adopted by the Court. The Court will adopt a revised Pretrial Schedule at the upcoming Case Management Conference, scheduled for January 27, 2009. The Court also orders the following:
Dated: January 16, 2009
S
ISTRIC ES D TC AT T

RT U O

UNIT ED

ER

N

F D IS T IC T O R

STIPULATION TO CONTINUE PRETRIAL SCHEDULE; [PROPOSED] ORDER

A

C

LI

FO

MAGISTRATE JUDGE ELIZABETH D. LAPORTE rte D. Lapo UNITED STATESe DISTRICT COURT lizabeth Judg E
NO

R NIA

____________IT IS_SO _______________________ ___ __ ORDE

RED

RT

H