District Council 16 Northern California Health and Welfare Trust Fund et al v. M B Flooring, Inc.

Filing 22

ORDER continuing deadline for mediation and continuing cmc to 3/26/10 (tf, COURT STAFF) (Filed on 12/7/2009)

Case3:09-cv-02241-SI Document19

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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 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 DISTRICT COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WELFARE 11 TRUST FUND, its JOINT BOARD OF TRUSTEES, and DOUG CHRISTOPHER as 12 Trustee; et.al. 13 14 Plaintiffs, v. Date: December 18, 2009 Time: 2:30 p.m. Location: Ctrm. 10, 19th Floor Judge: The Honorable Susan Illston Case No.: C09-2241 SI JOINT REQUEST TO EXTEND MEDIATION DEADLINE AND CONTINUE CASE MANAGEMENT CONFERENCE

15 M B FLOORING, INC., a California Corporation, 16 Defendant. 17 18 19

The parties to the above-entitled action jointly request that the deadline for mediation be

20 extended and the Case Management Conference be continued for the following reasons: 21 1. Mediation: A mediator was appointed for this matter, with the initial telephone

22 conference occurring on November 4, 2009. During the conference call, a mediation date of 23 24 25 counsel and the mediator, a new mediator has been requested. The request was made on December 26 27 28 3, 2009, which is two weeks before the mediation is set to occur. Plaintiffs' counsel was hopeful December 15, 2009 was set, to comply with the Court's mediation deadline. For a variety of reasons and based on exchanges that have occurred over the past 2-3 weeks between Plaintiffs'

P:\CLIENTS\FLRCL\M B Flooring\Pleadings\Joint Request to Continue Deadline 120309.DOC

Case3:09-cv-02241-SI Document19

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1 that the issues could be resolved, and therefore did not request a new mediator until now. Counsel 2 for Defendant is in agreement that a new mediator is needed. 3 4 5 6 7 extended to late February ­ early March, 2010. The parties have been exchanging documents and other information, hoping to resolve the matter. Extending the deadline will also allow To allow sufficient time to have a new mediator appointed, set and participate in a premediation conference, and schedule a new mediation date, the parties request that the deadline be

8 negotiations to continue. 9 2. Case Management Conference: There is a Case Management Conference

10 currently set for December 18, 2009. Based on the foregoing, there are no issues to discuss 11 12 the new mediation deadline. 13 14 15 Dated: December 3, 2009 16 17 18 19 20 21 22 23 24 Good cause appearing, the mediation deadline is extended to _______________, 2010. March 5 25 The Case Management Conference currently set for December 18, 2009 is continued to _______________, 2010. 26 March 26 27 IT IS SO ORDERED. Date: 28 __________________________________ THE HONORABLE SUSAN ILLSTON ORDER _____________/S/_______________ Brian M. O'Dea Attorneys for Defendant Dated: December 3, 2009 _____________/S/_______________ Michele R. Stafford Attorneys for Plaintiffs Respectfully submitted, SALTZMAN & JOHNSON LAW CORPORATION pending mediation. The parties therefore jointly request that the date be continued to 30 days after

RANDICK O'DEA AND TOOLIATOS

P:\CLIENTS\FLRCL\M B Flooring\Pleadings\Joint Request to Continue Deadline 120309.DOC