Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Cal-Kirk Lanscaping Inc

Filing 60

STIPULATION AND ORDER to Extend Alternative Dispute Resolution and Case Management Conference Deadlines. Case Management Conference set for 3/16/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 10/13/2011. (tmi, COURT STAFF) (Filed on 10/13/2011)

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BARRY E. HINKLE, Bar No. 071223
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
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]

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Attorneys for Plaintiffs

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G. DANIEL NEWLAND, Bar No. 087965
ARI HERSHER, Bar No. 260321
SEYFARTH SHAW LLP
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone [phone]
Fax [phone]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE BOARD OF TRUSTEES, in their
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capacities as Trustees of the LABORERS
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HEALTH AND WELFARE TRUST FUND )
FOR NORTHERN CALIFORNIA;
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LABORERS VACATION-HOLIDAY
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TRUST FUND FOR NORTHERN
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CALIFORNIA; LABORERS PENSION
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TRUST FUND FOR NORTHERN
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CALIFORNIA; and LABORERS TRAINING )
AND RETRAINING TRUST FUND FOR
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NORTHERN CALIFORNIA; NORTHERN )
CALIFORNIA DISTRICT COUNCIL OF
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LABORERS for itself and on behalf of
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LABORERS’ LOCAL 139
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Plaintiffs,
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v.
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CAL-KIRK LANDSCAPING, INC., A
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California Corporation,
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Defendant.
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Case No.: C-08-03292 EMC
JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
ALTERNATIVE DISPUTE
RESOLUTION AND CASE
MANAGEMENT CONFERENCE
DEADLINES

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Joint Stipulation and [Proposed] Order to Extend ADR and CMC Deadlines / Case No. C-08-03292 EMC

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Pursuant to Civil Local Rules 6-2 and 7-12, it is hereby stipulated, by and between
Plaintiffs and Defendant (collectively the “Parties”), through their respective undersigned
counsel, as follows:

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WHEREAS, the Parties attended a Case Management Conference on August 12, 2011,
before Judge Edward M. Chen;

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WHEREAS, the Court referred the above-captioned case to a mediator for settlement
purposes, and further ordered that a mediation occur within 90 days (i.e. by November 10, 2011);

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WHEREAS, the Court also scheduled a Case Management Conference for December 16,
2011;
WHEREAS, on August 31, 2011, the Parties were referred to mediator Katherine S.
Richey (“the Mediator”), who noticed a pre-mediation conference for October 4, 2011.
WHEREAS, Defendant’s counsel, Seyfarth Shaw LLP, is in the process of withdrawing
as counsel and anticipates filing a motion for withdrawal within the next 21 days;
WHEREAS, Defendant’s counsel is attempting to help Defendant find substitute counsel,
but substitute counsel has not yet been retained;
WHEREAS, the Parties and the Mediator met and conferred and agreed to continue the
alternative dispute resolution (“ADR”) deadline for 90 days;
WHEREAS, the Parties further met and conferred and agreed to continue the Case
Management Conference for 90 days;
WHEREAS, the Parties believe that an extension of the ADR deadline will provide
Defendant needed time to find substitute counsel and will maximize the chances of a negotiated
resolution;
WHEREAS, the Parties believe that a continuance of the Case Management Conference
will better promote judicial economy and will allow the Parties’ sufficient time to complete
mediation, prior to the Case Management Conference;
WHEREAS, the Parties have not previously requested an extension of the ADR deadline
and do not believe this extension will materially alter the schedule for this case;

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Joint Stipulation and [Proposed] Order to Extend ADR and CMC Deadlines / Case No. C-08-03292 EMC

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and
Defendant, through their respective undersigned counsel, that:
(1) The ADR deadline, currently scheduled for November 10, 2011, shall be continued by
90 days to February 8, 2012;
(2) The Parties will appear for a mediation before mediator Katherine S. Richey on or
before February 8, 2012;
(3) The Case Management Conference, currently scheduled for December 16, 2011, shall
be continued for 90 days.
IT IS SO STIPULATED.

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DATED: October 12, 2011

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:
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DATED: October 12, 2011

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/S/
KRISTINA M. ZINNEN
Attorney for Plaintiffs
SEYFARTH SHAW LLP

BY:

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_______/S/____________
ARI HERSHER
Attorney for Defendant

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[PROPOSED] ORDER CONTINUING ADR AND CMC DEADLINES

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Based upon the foregoing Stipulated Request to Continue the ADR deadline, the Court

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orders the continuance of the ADR deadline for 90 days, until February 8, 2012. The Court

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further orders that the Case Management Conference, currently set for December 16, 2011, be

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to 90 days.
continued forMarch 16, 2012 at 9:00 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: 10/13/2011

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The Honorable Edward M. Chen
United States District CourtnJudge
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Joint Stipulation and [Proposed] Order to Extend ADR and CMC Deadlines / Case No. C-08-03292 EMC
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