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

Filing 28

ORDER extending mediation deadline to 7/16/2010, cmc to 8/13/2010 (tf, COURT STAFF) (Filed on 3/22/2010) Modified on 3/22/2010 (cmf, COURT STAFF).

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: March 26, 2010 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: This matter concerns an audit of Defendant's records, with an

22 audit end date of October 31, 2008. The parties had exchanged documents and mediation 23 24 25 period subsequent to the audit that was to be addressed at the mediation. Counsel for both parties 26 27 28 conferred and found that neither one of them had been advised of the second audit. statements, and a mediation was scheduled for March 16, 2010. The day prior to the mediation, Plaintiffs' counsel was advised that the Defendant had recently been audited a second time, for the

P:\CLIENTS\FLRCL\M B Flooring\Pleadings\Joint Request to Continue Deadline 031810.DOC

1 Plaintiffs' auditors are in the process of completing the audit report for the second audit, so a total 2 has not been prepared. It is estimated to be significant. 3 4 5 6 7 asked that the parties contact him to set a new mediation date. Both parties agree that at least 90 days will be needed to get the draft audit report, review it, discuss the results and exchange Counsel for both parties agreed that a "global" resolution is preferred by both parties, and therefore contacted the mediator to take the mediation off calendar. The mediator agreed and

8 documents, and prepare updated mediation statements. The parties intend to set a new mediation 9 date for approximately 120 days out, and therefore request that the mediation deadline be extended 10 accordingly. 11 12 currently set for March 26, 2010. Based on the foregoing, there are no issues to discuss pending 13 14 mediation. The parties therefore jointly request that the date be continued to 30 days after the new 2. Case Management Conference: There is a Case Management Conference

15 mediation deadline. 16 Dated: March 18, 2010 17 18 19 20 Dated: March 18, 2010 21 22 23 24 ORDER _______/S/_____________________ Brian M. O'Dea Attorneys for Defendant _______/S/_____________________ Michele R. Stafford Attorneys for Plaintiffs RANDICK O'DEA AND TOOLIATOS SALTZMAN & JOHNSON LAW CORPORATION

7/16/10 Good cause appearing, the mediation deadline is extended to _______________, 2010. 25 The Case Management Conference currently set for March 26, 2010 is continued to ____13/___at_2:___p.__. ___, 2010. 8/ __ 10 _ _ 30 _ m_ 26 27 IT IS SO ORDERED. Date: 28 __________________________________ THE HONORABLE SUSAN ILLSTON

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