Bensi et al v. O'Connor Hospital et al

Filing 17

ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from January 30, 2009 to March 27, 2009. Signed by Judge Maxine M. Chesney on January 26, 2009. (mmclc1, COURT STAFF) (Filed on 1/26/2009)

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

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 A Professional Corporation 2029 Century Park East, Sixth Floor Los Angeles, California 90067-2907 Telephone [phone] Fax [phone] Attorneys for Defendants 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. ) ) ) O'CONNOR HOSPITAL, a California ) Corporation; DAUGHTERS OF CHARITY ) HEALTH SYSTEM, a California Corporation, ) ) ) Defendants. ) /// /// /// Case No. C 08-4135 (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

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Stipulation and [Proposed] Order Continuing Initial CMC and Related Deadlines (CASE NO. C 08-4135 (MMC))

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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 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 O'Connor Hospital, a California Corporation and Daughters Of Charity Health System, a California Corporation ("Defendants"), 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 60 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 the stipulation of the parties, on November 25, 2008, the Court issued an Order continuing the Initial Case Management Conference to January 30, 2009 in order to afford the parties additional time to explore a possible resolution of this action and review information exchanged. The Court also continued the Initial Case Management Conference in the related case of Paul Bensi, et al. v. Seton Medical Center, et al., C 08-4134 MMC to the same date. A Stipulation and [Proposed] Order Continuing Initial Case Management Conference and Related Deadlines in Bensi, et al. v. Seton Medical Center, et al. has been filed concurrently with this Stipulation and [Proposed] Order. 2. At the time the parties requested the most recent continuance of the Initial Case

Management Conference (to January 30, 2009), the parties anticipated that they might be able to conclude their review of the information exchanged before the compliance dates for case management-related activities. After Plaintiffs reviewed the additional information, Plaintiffs prepared a draft audit report detailing their findings. On January 21, 2009, Plaintiffs provided Defendants with a copy of Plaintiffs' draft audit report for Defendants' review. Defendant and their counsel need time to review Plaintiffs' audit report. 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 for the parties have discussed a possible continuance of the Initial Case Management Conference for a period of 30 to 45 days. The parties believe that an extension of the conference date will afford them the -2Stipulation and [Proposed] Order Continuing Initial CMC and Related Deadlines (CASE NO. C 08-4135 (MMC))

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119080/518103

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS ORDERED. 1. The Initial Case Management Conference date of January 30, 2009 at 10:30 a.m.

and related deadlines are vacated. 2. at 10:30 a.m. 3. Related deadlines for ADR and case management activities are extended March 27, 2009 The Initial Case Management Conference date is extended to __________________

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

January 26, 2009 Dated: ____________________

_________________________________________ THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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

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-4Stipulation and [Proposed] Order Continuing Initial CMC and Related Deadlines (CASE NO. C 08-4135 (MMC))