Trustees of the Bricklayers Local No. 7 Pension Trust et al v. RJS & Associates, Inc.

Filing 18

STIPULATION AND ORDER REFERRING CASE to a Magistrate Judge for Settlement; Further Case Management Conference continued to 3/30/2009 04:00 PM, with a joint cmc statement to be filed by 3/23/2009; Signed by Judge Marilyn Hall Patel on 12/9/2008. (awb, COURT-STAFF) (Filed on 12/10/2008)

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

Kent Khtikian, Esq. (#99843) Kimberly A. Hancock Esq. (#205567) Katzenbach and Khtikian 1714 Stockton Street, Suite 300 San Francisco, California 94133-2930 Telephone: [phone] Facsimile: (415 834-1842 Attorneys for Plaintiffs Robert P. Kristoff (#90874) Teresa J. Huston (#217733) Paul, Hastings, Janofsky & Walker LLP 55 Second Street Twenty-Fourth Floor San Francisco, CA 94105-3441 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant RJS & Associates, Inc. UNITED STATES DISTRICT COURT

15 NORTHERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 25 26 This matter, having come before the undersigned Judge, and 27 the Plaintiffs, by and through their attorneys of record, Kent 28 Khtikian and Kimberly Hancock, and Defendant, RJS & Associates, Inc., by and through their attorney of record, Robert Kristoff, STIPULATION AND [PROPOSED] ORDER RE EARLY SETTLEMENT CONFERENCE AND CONTINUING CASE MANAGEMENT CONFERENCE TRUSTEES OF THE BRICKLAYERS LOCAL NO. 7 PENSION TRUST; TRUSTEES OF THE BRICKLAYERS LOCAL NO. 3 HEALTH AND WELFARE TRUST; TRUSTEES OF THE NO. 3 APPRENTICE TRAINING TRUST; TRUSTEES OF THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS PENSION FUND, ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) R J S & ASSOCIATES, INC., a California ) corporation, ) ) Defendant. ) _______________________________________) CASE NO. 08-3975 MHP (Labor) STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND REFERRING CASE DIRECTLY TO AN EARLY SETTLEMENT CONFERENCE WITH A MAGISTRATE JUDGE

1 2 3 4 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 24

having stipulated to proceed directly to an Early Settlement Conference with a Magistrate Judge and to the continuance of the case management conference, the Court having reviewed the records and files herein and being fully advised of the premises does hereby: ORDER, ADJUDGE AND DECREE that: This case proceed directly to an Early Settlement Conference to be assigned by the Chief Magistrate Judge and scheduled for a with Magistrate Judge ____________ to be held on _______________. scheduled for a conference by that Judge. The Court further orders that the case management conference currently scheduled for January 5, 2009, at 4:00 p.m. in Courtroom 15, 18th Floor, San Francisco is hereby continued until 4:00 p.m. _Ma_ch_30, __________________ at _____________________ in Courtroom __ r _ __ 2009 , 15, 18th Floor, San Francisco. with a joint case management statement to be filed on or ISTRIC before March 23, 2009. ES D

UNIT ED

12/9/2008 Dated: ________________________

S

T TA

TC

N WHEREAS plaintiffs and defendant both request that this case OF D

IS T RIC T

be referred directly to an Early Settlement Conference with a Magistrate Judge, preferably to Magistrate Judge Elizabeth D. 25 Laporte; and 26 WHEREAS during the parties ADR Phone Conference on November 27 21, 2008, Howard Herman, ADR Program Director, agreed that this 28 case is appropriate for an Early Settlement Conference with a Magistrate Judge; and STIPULATION AND [PROPOSED] ORDER RE EARLY SETTLEMENT CONFERENCE AND CONTINUING CASE MANAGEMENT CONFERENCE 2

A

STIPULATION

ER

C

LI

FO

_____________________________ Honorable Marilyn H. Patel Judge, United States DistricttelCourt n H. Pa e Marily Judg

R NIA

OO IT IS S

RDERE

D

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 15 16

WHEREAS, counsel for plaintiffs will be out of the country from approximately December 24, 2008, through January 23, 2009, Plaintiffs and defendant RJS & Associates, Inc., hereby stipulate that this case proceed directly to an Early Settlement Conference with a Magistrate Judge, preferably Magistrate Judge Elizabeth D. Laporte, to be held on a date after January 28, 2009. The parties further stipulate to the continuance of the

case management conference currently scheduled for January 5, 2009, at 4:00 p.m. in Courtroom 15, 18th Floor, San Francisco until a date after the Early Settlement Conference has taken place.

Dated: November 24, 2008 17 18 19 20 21 22 23 Dated: November 24, 2008 24 25 26 27 28

KATZENBACH AND KHTIKIAN

/s/ Kimberly A. Hancock Kimberly A. Hancock Attorney for Plaintiffs

PAUL, HASTINGS, JANOFSKY & WALKER LLP

____________________________ Robert P. Kristoff Attorney for Defendant RJS & Associates, Inc.

STIPULATION AND [PROPOSED] ORDER RE EARLY SETTLEMENT CONFERENCE AND CONTINUING CASE MANAGEMENT CONFERENCE 3