Bensi et al v. FHR Corporation

Filing 56

STIPULATION AND ORDER EXTENDING TIME FOR COMPLETING MEDIATION AND EXTENDING HEARING ON DISPOSITIVE MOTION re 53 filed by Lyle Setter, Jerry Kalmar, Bart Florence, Paul Bensi. The deadline to complete Mediation shall be 6/1/2009. The deadline for h earing dispositive motions shall be extended until 8/27/2009 at 2:30 PM. The hearing on FHR's Motion to Dismiss Plaintiff's Complaint or to Stay, Doc #40, and Nav-Reno's Motion for Judgment on the Pleadings, Doc #50 shall be continued to 7/2/2009 at 2:30 P.M. Signed by Chief Judge Vaughn R Walker on 4/9/2009. (cgk, COURT STAFF) (Filed on 4/10/2009)

Case 3:08-cv-03574-VRW

Document 53

Filed 04/07/2009

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

WILLIAM A. SOKOL, Bar No. 072740 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] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) v. ) ) FHR CORPORATION, a Nevada Corporation, ) doing business as RENO HILTON, ) ) Defendant. ) ) v. ) ) GRAND SIERRA RESORT CORP., a Nevada ) Corporation, GRAND SIERRA OPERATING CORP., a Nevada Corporation, and NAV-RENO- ) ) GS, LLC, a Nevada Limited Liability Company, ) ) Third Party Defendants, ) ) v. ) NAV-RENO-GS, LLC, a Nevada Limited Liability ) ) Company, ) ) Cross-Claimant, ) ) v. ) ) GRAND SIERRA RESORT CORP., a Nevada ) Corporation; DOES 1-10, individuals; and ROE ) CORPORATIONS 1-10, ) ) Cross-Defendants. PAUL BENSI, BART FLORENCE, JERRY KALMAR, and LYLE SETTER, in their capacities as Trustees of the PENSION FUND OF STATIONARY ENGINEERS LOCAL 39 Plaintiffs, No. CV-08-3574-VRW

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR COMPLETING MEDIATION AND EXTENDING DEADLINE FOR DISPOSITIVE MOTION

Stipulation and [Proposed] Order Extending Time for Completing Mediation and Extending Deadline for Dispositive Motion (Case No. CV-08-3574-EMC)

Case 3:08-cv-03574-VRW

Document 53

Filed 04/07/2009

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WEINBERG, ROGER & 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, Defendant/Third Party Plaintiff FHR Corporation, and Third Party Defendant/Cross-Claimant Nav-Reno-GS, LLC, through their respective counsel, hereby stipulate to and request that the Court continue certain deadlines and motion date in order to allow the parties time to complete mediation and explore a possible resolution of this action without the necessity of further litigation time and expense. 1. This is an ERISA case involving claims for withdrawal liability. On December 11,

2008, Plaintiffs, Defendant/Third Party Plaintiff FHR Corporation and Third Party Defendant/Cross-Claimant Nav-Reno-GS stipulated to participating in mediation. 2. Grand Sierra Operating Corporation and Grand Sierra Resort Corporation have not

appeared in this action and default was entered against them on December 15, 2008. CrossDefendant Thomas Schrade was dismissed without prejudice on March 4, 2009. 3. On March 9, 2009, Plaintiffs Paul Bensi, et al., Defendant/Third Party Plaintiff FHR

Corporation and Third Party Defendant/Cross-Claimant (hereinafter referred to as "Parties") filed a Stipulation and [Proposed] Order Extending Time for Completing Mediation and Extending Deadline for Dispositive Motion Hearings due to the logistics in scheduling the mediation by February 20, 2009, a copy of which is attached hereto as Exhibit A. The Parties agreed to extend the date to complete mediation to May 1, 2009 and the deadline for hearing dispositive motions to the last available hearing date in July 2009. 4. The Parties were set to engage in mediation with Robert S. Luft, the appointed

Mediator in this case, on April 7, 2009. However, on April 6, 2009, Mediator Robert S. Luft informed the parties that due to an emergency, the mediation set for April 7, 2009 would have to be rescheduled. 5. The Mediator proposed new mediation dates of April 10, 2009, April 13, 2009 and

April 17, 2009. However, due to the Parties and counsel schedules, the new proposed dates for mediation are not feasible and as a result, the Parties and Mediator are in the process of coordinating a new date for the mediation. The Parties agree that it would be in their interest to engage in mediation prior to hearing any motions in this case and incurring further litigation time -2Stipulation and [Proposed] Order Extending Time for Completing Mediation and Extending Deadline for Dispositive Motion (Case No. CV-08-3574-EMC)

Case 3:08-cv-03574-VRW

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

and expense. 6. In light of the unforeseen circumstances with the April 7, 2009 mediation session,

the Parties agree to extend the deadline, for at least 30 days, for completing mediation and hearing dispostive motions and continue Defendant's Motion to Dismiss. 7. The Parties expect that the requested extension of time will have no adverse effect

on the schedule for the case. No trial date has yet been set. Therefore, Plaintiffs Paul Bensi, et al, Defendant/Third Party Plaintiff FHR Corporation, and Third Party Defendant/Cross-Claimant Nav-Reno, through their respective counsel, stipulate and agree as follows: 1. 2. To extend the deadline for completing mediation to June 1, 2009. To extend the deadline for hearing dispositive motions to the last available hearing

date near the end of August, 2009 3. of June 2009. Dated: April 7, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ Linda Baldwin Jones LINDA BALDWIN JONES Attorneys for Plaintiffs Dated: April 7, 2009 LITTLER MENDELSON A Professional Corporation By: /s/ Rick D. Roskelley RICK D. ROSKELLEY Attorneys for Defendant and Third Party Plaintiff FHR Corporation Dated: April 7, 2009 HOLLAND AND HART, LLP By: /s/ Anthony L. Hall Anthony L. Hall Attorneys for Third Party Defendant/CrossClaimant NAV-RENO-GS, LLC -3Stipulation and [Proposed] Order Extending Time for Completing Mediation and Extending Deadline for Dispositive Motion (Case No. CV-08-3574-EMC)

To continue Defendant's Motion to Dismiss for at least thirty days to the beginning

Case 3:08-cv-03574-VRW

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

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The deadline to complete mediation shall be June 1, 2009 and the deadline for hearing dispositive motions shall be extended to the last available hearing date in August, 2009, which is Aug 27, 2009 ___________. The hearing on Defendant FHR Corporation's Motion to Dismiss Plaintiff's Complaint Or, Alternatively, to Stay All Proceedings and Compel Arbitration shall be continued from May 7, 2009 to June 11, 2009. and Third Party Defendant Nav-Reno's Motion for Judgment on the Pleadings shall be continued to July 2, 2009 at 2:30 P.M. April 9, 2009 DISTR Dated: _____________________

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