ILWU Warehousemen's Welfare Trust et al v. Waste Management of Alameda, Inc. et al

Filing 13

ORDER continuing case management conference re 11 Stipulation, filed by Recycle America Alliance, LLC, Waste Management of Alameda, Inc. Initial Case Management Conference set for 5/8/2009 08:30 AM.. Signed by Judge Charles R. Breyer on 1/08/09. (be, COURT STAFF) (Filed on 1/8/2009)

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LITTLER MENOELSON
A PKOFEIXIONM. CO*K»«»TMMI

NANCY L. ODER, Bar No. 49683 LITTLER MENDELSON A Professional Corporation 650 California Street, 20th Floor San Francisco, CA 94108.2693 Telephone: [phone] Facsimile: 415.399.8490 Email: [e-mail] Attorneys for Defendants WASTE MANAGEMENT OF ALAMEDA, INC. and RECYCLE AMERICA ALLIANCE, LLC KRISTEN MCCULLOCH, Bar No. 177558 SALTZMAN & JOHNSON LAW CORP. 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs ILWU WAREHOUSEMEN'S WELFARE TRUST; AND PETER COOK and JACK WYATT, as Trustees UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ILWU WAREHOUSEMEN'S WELFARE TRUST; AND PETER COOK AND JACK WYATT, as Trustees, Plaintiffs,
v.

Case No. C08-4849 CRB JOINT STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

WASTE MANAGEMENT OF ALAMEDA, INC., a California corporation, and RECYCLE AMERICA ALLIANCE, LLC, a Delaware limited liability company and doing business in California, Defendants.

[L.R. 6-2]

SSO Cililornii Stf*«t 20lh Final

Sin Friitciico, CA 8*108 288! «15 «3.f9«

JOINT STIP. AND [PROPOSED] ORDER CONTINUING INITIAL CMC AND RELATED DEADLINES

Case No. C08-4849 CRB

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LITTLER MENDELSON A PNOFCKIOHM. Co«ro«*Tio« 850 Cililornii Slrwl 2Dlh f fear Sin Fi«nciico. CA S410I ZS93 415.«3.1940

Plaintiffs ILWU WAREHOUSEMEN'S WELFARE TRUST; AND PETER COOK and JACK WYATT, as Trustees ("Plaintiffs") and Defendants WASTE MANAGEMENT OF ALAMEDA, INC. and RECYCLE AMERICA ALLIANCE, LLC ("Defendants"), jointly 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 90 days. 1. Pursuant to the Court's Order Setting Initial Case Management Conference

and ADR Deadlines, the Initial Case Management Conference in this action is set for February 6, 2009 at 8:30 a.m.. Other case management deadlines, including the filing of the ADR Certification, completion of initial disclosures, and filing of the Case Management Statement, are set in relation to the Case Management Conference. 2. By their Complaint in this action, Plaintiffs seek payment of delinquent health

and welfare contributions, interest and liquidated damages, based upon a January 2007 audit report, and an order requiring a further audit. Defendants have tendered the amounts found due in the audit report and agreed to a further audit. The remaining issues between the parties are limited, and the parties wish to explore a settlement without the necessity of further litigation time and expense. The parties anticipate that a short extension of case management deadlines will enable them to focus their efforts on resolving this matter. 3. Other than the resetting of the date of the initial Case Management

Conference in connection with the reassignment of this action to the Court, there have been no previous time modifications related to the Initial Case Management Conference or related case management activities in this case. 4. 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 parties anticipate that the requested extension will facilitate the resolution of the parties' dispute and avoid unnecessary time and expense. Therefore, Plaintiffs and Defendants, through their respective counsel, jointly stipulate and agree as follows:
JOINT STIP. AND [PROPOSED] ORDER CONTINUING INITIAL CMC AND RELATED DEADLINES

2.

Case No. C08-4849 CRB

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LITTLER MENDELSON A PlOFIttlONM COMWUTIQN 650 Cililernit Slr.il 20lh Floor S*n Franciieo. CA 9410B.20S3 415.433.1940

1. deadlines are vacated. 2.

The Initial Case Management Conference date of February 6,2009 and relatec

The Initial Case Management Conference date is extended to May 8, 2009 or , 2009 at 8:30 a.m.

3.

Related deadlines for ADR and case management activities are extended

accordingly, as provided hi the Court's Order Setting Initial Case Management Conference and ADR Deadlines. Dated: January 7, 2009. Dated: January 7, 20f

KRISTEN MCCULLOCH SALTZMAN & JOHNSON LAW CORP. A Professional Corporation Attorneys for Plaintiffs ILWU WAREHOUSEMAN'S1 WELFARE TRUST AND PETER COOK AND JACK WYATT, AS TRUSTEES

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NANCY \ OBER /LITTLERMENDELSON A Professional Corporation Attorneys for Defendants WASTE MANAGEMENT OF ALAMEDA, INO^ND RECYCLE AMERICA ALLIANCE, LLC

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JOINT STIP. AND [PROPOSED] ORDER CONTINUING INITIAL CMC AND RELATED DEADLINES

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Case No. C08-4849 CRB

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ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated:

January 8, 2009

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Firmwide:88026309.1 046609.1573

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HONORABLE CHARLES R. BREYER JUDGE OF THE UNITED STATES DISTRICT COURT ORDERED

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LITTLER MENDEL SON
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JOINT STIR AND [PROPOSED] ORDER CONTINUING INITIAL CMC AND RELATED DEADLINES

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