Board of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California et al v. All West Construction, Inc.

Filing 15

ORDER GRANTING 14 Stipulationto Extend Time to Complete ENE. Signed by Judge Jeffrey S. White on 2/16/10. (jjo, COURT STAFF) (Filed on 2/16/2010)

Case3:09-cv-01732-JSW Document14 1 2 3 4 5 6 7 8 9 Ronald L. Richman, SBN 139189 Susan J. Olson, SBN 152467 BULLIVANT HOUSER BAILEY PC 601 California Street, Suite 1800 San Francisco, California 94108 Telephone: [phone] Facsimile: 415.352.2701 E-Mail: [e-mail] E-Mail: [e-mail] Attorneys for Plaintiffs

Filed02/12/10 Page1 of 3

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No.: 09-01732 JSW STIPULATION TO EXTEND TIME TO COMPLETE ENE; ORDER THEREON

10 BOARD OF TRUSTEES OF THE CEMENT MASONS HEALTH AND WELFARE TRUST 11 FUND FOR NORTHERN CALIFORNIA; BOARD OF TRUSTEES OF THE CEMENT 12 MASONS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; 13 BOARD OF TRUSTEES OF THE CEMENT MASONS PENSION TRUST FUND FOR 14 NORTHERN CALIFORNIA; AND BOARD OF TRUSTEES OF THE CEMENT MASONS 15 TRAINING TRUST FUND FOR NORTHERN CALIFORNIA, 16 Plaintiffs, 17 v. 18 ALL WEST CONSTRUCTION, INC., a 19 California corporation, 20 21 22 23 24 25 26 27 28 Defendant.

STIPULATION IT IS HEREBY STIPULATED by and between Plaintiffs Boards of Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California, Board of Trustees of the Cement Masons Vacation-Holiday Trust Fund for Northern California, Board of Trustees of the Cement Masons Pension Trust Fund for Northern California, and Board of Trustees of the Cement Masons Training Trust Fund for Northern California ("Cement Masons Trust Funds"), on the one hand, and Defendant All West Construction, Inc. ("All West Construction"), on the

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STIPULATION TO EXTEND TIME TO COMPLETE ENE; ORDER THEREON

Case3:09-cv-01732-JSW Document14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ­2­ DATED: February 12, 2010 By

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other hand, through their respective counsel, that the parties have an ENE set for Wednesday, February 17, 2010 before Harlan Richter. The parties have continued settlement discussions and believe that it is likely that this case can be settled within the next 30 days. Harlan Richter has been advised of the parties' intent to continue the ENE and has advised the parties that parties must seek a continuance from this Court. Based on the above, the parties respectfully request that this Court issue an Order granting the parties an additional 30 days to complete the ENE. In the meantime, the parties will continue with informal settlement negotiations. DATED: February 12, 2010 BULLIVANT HOUSER BAILEY PC

Ronald L. Richman Susan J. Olson

/s/

Attorneys for Plaintiffs

HAWKINS ­ BOHMAN

By __________________/s/_________________ Scott C. Hawkins Attorneys for Defendant All West Construction, Inc.

STIPULATION TO EXTEND TIME TO COMPLETE ENE; ORDER THEREON

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ORDER The parties having submitted this Stipulation To Extend Time to Complete ENE and good cause appearing: IT IS HEREBY ORDERED that the parties have up to and including March 17, 2010 to complete the ENE. DATED: February16 2010 __, By

HON. JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

STIPULATION TO EXTEND TIME TO COMPLETE ENE; ORDER THEREON