Bensi et al v. Seton Medical Center et al

Filing 21

ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. The Initial Case Management Conference is continued from May 8, 2009 to June 26, 2009. Related deadlines for ADR and case management activities are extended accordingly. Signed by Judge Maxine M. Chesney on April 30, 2009. (mmclc1, COURT STAFF) (Filed on 4/30/2009)

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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 KENNETH E. JOHNSON, Bar No. 115814 [e-mail] THEODORA ORINGHER MILLER & RICHMAN PC 2029 Century Park East, Sixth Floor Los Angeles, California 90067-2907 Telephone [phone] Fax [phone] Attorneys for Defendants

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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION PAUL BENSI, BART FLORENCE, JERRY KALMAR, and LYLE SETTER, in their capacities as Trustees of the STATIONARY ENGINEERS LOCAL 39 PENSION TRUST FUND and STATIONARY ENGINEERS LOCAL 39 HEALTH AND WELFARE FUND, ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) ) SETON MEDICAL CENTER, a California ) Corporation; DAUGHTERS OF CHARITY ) HEALTH SYSTEM, a California Corporation, ) ) ) Defendants. ) ) Case No. C 08-4134 (MMC) STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES [L.R. 3-12(a)] Judge: Honorable Maxine M. Chesney Ctrm: 7, 19th Floor

28 WEINBERG, ROGER &

746717.1/80961.05002 STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES CASE NO. C 08-4134 (MMC)

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Plaintiffs Paul Bensi, Bart Florence, Jerry Kalmar, and Lyle Setter were and are Trustees and together comprise the Board of Trustees of the Plaintiff Stationary Engineers Local 39 Pension Trust Fund and Stationary Engineers Local 39 Health & Welfare Fund ("Plaintiffs"), and Defendants Seton Medical Center and Daughters Of Charity Health System ("Defendants"),

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

through their respective counsel, hereby stipulate to and request that the Court order that the Initial Case Management Conference and related deadlines be continued for a period of 45 days. 1. Pursuant to the Court's Order Setting Initial Case Management Conference

and ADR Deadlines, the Initial Case Management Conference in this action was set for December 5, 2008 at 10:30 a.m. Pursuant to three successive stipulations of the parties, this Court previously issued Orders continuing the Initial Case Management Conference in order to afford the parties additional time to explore a possible resolution of this action and review information exchanged. The Initial Case Management Conference is now scheduled for May 8, 2009. The Court also continued the Initial Case Management Conference in related case Paul Bensi, et al. v. O'Connor Hospital, et al., C 08-4135 MMC to the same date. A Stipulation and [Proposed] Order

Continuing Initial Case Management Conference and Related Deadlines in Bensi v. O'Connor Hospital has been filed concurrently with this Stipulation and [Proposed] Order. 2. As stated in the previous stipulation for a continuance, Defendants provided

additional business records to the Plaintiffs after this lawsuit was filed, following which Plaintiffs completed and provided Defendant with a draft audit report, summarizing their preliminary findings. Following Defendants' review of the audit report, Defendants provided Plaintiffs and their counsel with its preliminary response and with copies of additional documents to confirm their response. Counsel for Plaintiffs and Defendants conferred on April 17, 2009, and made progress in narrowing the factual and legal issues raised by the draft audit report, and in defining the additional documentation required to confirm Defendants' responses to certain issues. Defendants' counsel provided Plaintiff's counsel with additional documents on April 28, 2009, and

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746717.1/80961.05002 STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES CASE NO. C 08-4134 (MMC)

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

expects to provide additional documents to Plaintiff's counsel within the coming week. Plaintiffs and their counsel will need time to review and analyze these additional materials. The parties anticipate that this mutual and cooperative exchange of information will facilitate the likelihood of settlement, or at the very least assist in identifying any factual or legal issues that require resolution by the Court. 3. The parties agree that additional time is needed to permit the further review

of the newly exchanged information and exploration of a resolution of this action. Counsel believe that an extension of the Initial Case Management Conference date for a period of 45 days will afford them the time to review the information exchanged without the necessity of further litigation time and expense. 4. As noted above, there have been three continuations of the Initial Case

Management Conference and related case management activities in this case. The parties expect that the requested extension of the date for the Initial Case Management Conference will have no adverse effect on the schedule for the case. No trial date or other deadlines have yet been set. The requested extension may facilitate the resolution of the parties' dispute, and will at a minimum enable the parties to exchange information about their respective positions that may streamline case management. Therefore, Plaintiff and Defendants, through their respective counsel, stipulate and agree as follows: 1. The Initial Case Management Conference date of May 8, 2009 at 10:30 a.m

and related deadlines are vacated. 2. The Initial Case Management Conference date is extended to

________________________ at 10:30 a.m. 3. Related deadlines for ADR and case management activities are extended

accordingly, as provided in the Court's Order Setting Initial Case Management Conference and ADR Deadlines.

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746717.1/80961.05002 STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES CASE NO. C 08-4134 (MMC)

June 26, 2009

April 30, 2009