Bensi et al v. O'Connor Hospital et al

Filing 28

ORDER APPROVING STIPULATION TO ALLOW APPEARANCE BY TELEPHONE AT INITIAL CASE MANAGEMENT CONFERENCE. Counsel for the parties shall appear by telephone at the Initial Case Management Conference, scheduled for August 7, 2009, at 10:30 a.m. Signed by Judge Maxine M. Chesney on August 4, 2009. (mmclc1, COURT STAFF) (Filed on 8/4/2009)

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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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777875.1/80961.05002

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) ORDER APPROVING STIPULATION AND [PROPOSED] ORDER TO ALLOW APPEARANCE BY TELEPHONE AT INITIAL CASE MANAGEMENT CONFERENCE [L.R. 3-12(a)] Judge: Honorable Maxine M. Chesney Ctrm: 7, 19th Floor

1 C 08-4135 (MMC) STIPULATION AND [PROPOSED] ORDER TO ALLOW APPEARANCE BY TELEPHONE AT INITIAL CASE MANAGEMENT CONFERENCE

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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 O'Connor Hospital and Daughters Of Charity Health System ("Defendants"), through

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119080/539326

their respective counsel, hereby stipulate to and request that the Court allow counsel to appear by telephone at the Initial Case Management Conference, now scheduled for August 7, 2009, at 10:30 a.m. This Stipulation is requested on the ground that counsel for Defendants, Kenneth E. Johnson, is located in Southern California. Both parties agree that a telephonic appearance is appropriate, in the interest of avoiding the expense of travel for the Conference. If the Court grants the stipulation to allow Mr. Johnson to appear by telephone, Plaintiffs' counsel, Linda Baldwin Jones, also requests permission to appear by telephone, again in the interest of avoiding the additional time and expense required for a personal appearance.

WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ Linda Baldwin Jones LINDA BALDWIN JONES Attorneys for Plaintiffs

Dated: July 31, 2009 THEODORA ORINGHER MILLER & RICHMAN PC By: /s/ Kenneth E. Johnson KENNETH E. JOHNSON Attorneys for Defendants

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777875.1/80961.05002

2 C 08-4135 (MMC) STIPULATION AND [PROPOSED] ORDER TO ALLOW APPEARANCE BY TELEPHONE AT INITIAL CASE MANAGEMENT CONFERENCE

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777875.1/80961.05002

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED that counsel for the parties shall be permitted to appear by telephone at the Initial Case Management Conference, now scheduled for August 7, 2009, at 10:30 a.m.

August 4, 2009 Dated: ____________________

_________________________________________ THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

3 C 08-4135 (MMC) STIPULATION AND [PROPOSED] ORDER TO ALLOW APPEARANCE BY TELEPHONE AT INITIAL CASE MANAGEMENT CONFERENCE