Northern California Glaziers Architectural Metal and Glass Workers Pension Plan et al v. America's Glass Center, Inc. et al

Filing 68

ORDER setting meet & confer deadline as well as mediation deadline (tf, COURT STAFF) (Filed on 9/7/2010)

Northern California Glaziers Architectural Metal and Glass Workers P...39;s Glass Center, Inc. et al

Doc. 68

1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 [phone] 4 [phone] ­ Facsimile [e-mail] 5 [e-mail] 6 Attorneys for Plaintiffs 7 8 9 10 11 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Nos.: C08-5451 SI and C09-3546 SI JOINT CASE MANAGEMENT STATEMENT and [PROPOSED] ORDER Date: Time: Ctrm: Judge: September 3, 2010 3:00 p.m. 10, 19th Floor The Honorable Susan Illston

NORTHERN CALIFORNIA GLAZIERS, 12 ARCHITECTURAL METAL AND GLASS WORKERS PENSION PLAN, et al., 13 Plaintiffs, 14 v. 15 AMERICA'S GLASS CENTER, INC., et al., 16 17 18 Defendants.

Plaintiffs in the two above-entitled actions submit this Case Management Statement, to

19 advise the Court of the status of these matters. 20 1. As the Court's records will reflect, Case No. C08-5451 SI ("Collections Action")

21 was filed on December 4, 2008, and an Amended Complaint was filed on December 5, 2008, to 22 compel Defendants' compliance with their obligations under the terms of the Collective 23 Bargaining Agreement to which they are signatory, with respect to May 2008 and July through 24 September 2008 contributions, liquidated damages and interest, and any additional amounts due at 25 the time of Judgment. Judgment was entered pursuant to a Stipulation. 26 2. Case No. C09-3546 SI ("Audit Action") was filed on August 3, 2009, to compel

27 Defendants' compliance with their obligations under the terms of the Collective Bargaining 28
JOINT CASE MANAGEMENT STATEMENT Case No.: C08-5451 SI and C09-3546 SI P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint re Contributions 1208\C08-5451 SI 8-27-10 Joint Status Conf Statement.DOC Dockets.Justia.com

1 Agreement to which they are signatory, with respect to an audit of Defendants' records for the 2 period of June 1, 2007 through date of audit. Plaintiffs filed a Motion for Default Judgment. 3 3. On January 19, 2010, on Defendants' Motion, the Judgment was vacated and the

4 Motion set aside, to allow Defendants the opportunity to obtain counsel. Defendants' counsel filed 5 answers to the complaints. 6 4. The parties met on June 8, 2010 for Early Neutral Evaluation which continued to

7 mediation. The cases were not resolved thereby; however, upon departure from that meeting, 8 Defendants' counsel advised Plaintiffs' counsel that he believed that the parties could settle this 9 matter, and further stated that he expected to be able to present a proposal for resolution to 10 Plaintiffs, following his return from vacation on July 1, 2010. 11 12 5. 6. Plaintiffs received a settlement offer from Defendants on July 26, 2010. Defendants' settlement offer was not acceptable to Plaintiffs in its entirety, and on

13 August 3, 2010, Plaintiffs submitted a counteroffer to Defendants' counsel. 14 7. Plaintiffs received a response to their counteroffer on August 25, 2010. The

15 response included, among other proposals, the suggestion that the parties meet with the mediator 16 again if necessary. On August 26, 2010, Counsel for the parties had further discussions regarding 17 Defendant's August 25, 2010 response in a further effort to move towards settlement. 18 8. Plaintiffs are not opposed to further Mediation. The Mediator, James Fleming, has

19 informed the parties that he is out of the country now, and then unavailable through the first week 20 of October, 2010. The parties therefore request that the Court order an in-person settlement 21 meeting of the parties and counsel, to be completed no later than September 15, 2010, and to set a 22 Mediation deadline within 7 days of the Mediator's availability. (The prior Mediator generously 23 offered to meet again, and is familiar with the issues.) The parties further request that such Order 24 allow for either party to serve discovery requests or file a Motion with the court, following 25 September 15, 2010. 26 /// 27 /// 28 ///
JOINT CASE MANAGEMENT STATEMENT Case No.: C08-5451 SI and C09-3546 SI
P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint re Contributions 1208\C08-5451 SI 8-27-10 Joint Status Conf Statement.DOC

1

9.

Accordingly, the parties respectfully request that the Court set a settlement meeting

2 deadline of September 15, 2010, and a Mediation deadline of 7 days within the Mediator's first 3 available date. 4 5 6 7 8 9 10 11 12 13 IT IS SO ORDERED. 14 date 14 @ 9:30 a.m. The Court hereby sets the deadlines of September 15, 2010 for the parties to meet in Dated: August 27, 2010 By: YUDIEN & ASSOCIATES /S/Jordan Jay Yudien Jordan Jay Yudien Attorneys for Defendants By: Dated: August 27, 2010 SALTZMAN & JOHNSON LAW CORPORATION /S/Muriel B. Kaplan Muriel B. Kaplan Attorneys for Plaintiffs

15 pursuit of settlement, and of 7 days from the Mediator's first available date in October, 2010, to 16 conclude Mediation if necessary. 17 18 Date: ______________________ 19 20 21 22 23 24 25 26 27 28
JOINT CASE MANAGEMENT STATEMENT Case No.: C08-5451 SI and C09-3546 SI
P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint re Contributions 1208\C08-5451 SI 8-27-10 Joint Status Conf Statement.DOC

________________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

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-1PLAINTIFFS' CASE MANAGEMENT STATEMENT Case No.: C08-5451 SI and C09-3546 SI
P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint re Contributions 1208\C08-5451 SI 8-27-10 Joint Status Conf Statement.DOC