U.A. Local 342 Joint Labor-Management Committee et al v. Savior Plumbing, Inc.

Filing 20

ORDER GRANTING 19 Joint Case Management Statement Requesting Continuance of Case Management Conference.Case Management Statement due by 6/18/2010. Initial Case Management Conference set for 6/25/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 4/5/10. (jjo, COURT STAFF) (Filed on 4/5/2010)

Case3:09-cv-02839-JSW Document19

Filed04/02/10 Page1 of 4

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ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Corporation Robert Fried, State Bar No. 85579 5776 Stoneridge Mall Road, Suite 200 Pleasanton, California 94588 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Savior Plumbing, Inc., a California Corporation RICHARD K. GROSBOLL, Bar No. 99729 SONYA M. GORDON, Bar No. 232600 NEYHART, ANDERSON, FLYNN & GROSBOLL 44 Montgomery Street, Suite 2080 San Francisco, CA 94104 Telephone [phone] Facsimile [phone] Attorneys for Plaintiffs

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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A PROFESSIONAL CORPORATION ATTORNEYS AT LAW A Professional Corporation

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

U.A. LOCAL 342 JOINT LABORMANAGEMENT COMMITTEE; NORTHERN CALIFORNIA PIPE TRADES PENSION TRUST; NORTHERN CALIFORNIA PIPE TRADES HEALTH AND WELFARE TRUST; LOCAL UNION 342, PLUMBERS & STEAMFITTERS, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA (AFL-CIO); U.A. LOCAL 342 APPRENTICESHIP & TRAINING TRUST FUND and JAMES WILLIAMS, as Trustee of the above TRUSTS., Plaintiff,

CASE NO.:

C-09-2839-JSW

JOINT SUPPLEMENTAL CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] CASE MANAGEMENT ORDER [Local Rule 16-9] JUDGE: DATE: TIME: DEPT: LOCATION: Hon. Judge Jeffrey S. White April 9, 2010 1:309 p.m. 11, 19th Floor 450 Golden Gate Avenue San Francisco, CA 94102

SAVIOR PLUMBING, INC., a California Corporation, Defendant.
JOINT SUPPLEMENTAL CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] CASE MANAGEMENT ORDER

012828.00008/242197v1

Case3:09-cv-02839-JSW Document19

Filed04/02/10 Page2 of 4

1 2 3 4 5 6 7 8 JOINT CASE MANAGEMENT STATEMENT Pursuant to Federal Rule of Civil Procedure 26(f) and Local Rule 16-9, Plaintiffs and Defendants jointly submit this Case Management Statement and Rule 26(f) Report, and request that the Court adopt it as the Case Management Order in this case. Plaintiffs and Defendant asked the Court to grant an initial 60-day continuance of the Case Management Conference, to allow settlement discussions to continue on the expectation that a settlement will be forthcoming. The Court issued an order in accordance with this request on January 12, 2010. Since that date the parties have acted in accordance with the above representation and a course of action to access funds for the benefit of plaintiffs and in aid of settlement has been initiated. It is anticipated that a final resolution will follow the successful release of such funds after due consideration and agreement of all parties on the precise terms of a final settlement. If Defendant does not show progress in acquiring the necessary funds and/or otherwise settling the matter, Plaintiffs plan to file a summary judgment motion within three weeks. In accord with the above, the parties respectfully request the Court order a second continuance of the Case Management process for a period of sixty days and pledge their best efforts to ensure that this matter is definitively resolved prior to that time. Dated: April 2, 2010 Respectfully submitted, NEYHART, ANDERSON, FLYNN & GROSBOLL By: /s/Sonya M. Gordon Sonya M. Gordon Attorneys for Plaintiffs DATED: April 2, 2010 Respectfully submitted,

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Attorneys for Plaintiffs

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-2JOINT SUPPLEMENTAL CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] CASE MANAGEMENT ORDER

012828.00008/242197v1

Case3:09-cv-02839-JSW Document19

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ATKINSON, ANDELSON, LOYA, RUUD & ROMO By: /s/ Robert Fried Robert Fried Attorneys for Defendant

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Attorneys for Plaintiffs

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3JOINT SUPPLEMENTAL CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] CASE MANAGEMENT ORDER

012828.00008/242197v1

Case3:09-cv-02839-JSW Document19

Filed04/02/10 Page4 of 4

1 2 3 4 5 6 7 8 Dated: April 5, 2010

[proposed] CASE MANAGEMENT ORDER This Case Management Statement and Proposed Order is hereby adopted by the Court as the Case Management Order for the case and the parties are ordered to comply with this Order. In addition, the Court orders a continuance of the Case Management Conference to June 25, , 2010. at 1:30 p.m.

United States District Judge

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Attorneys for Plaintiffs

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4JOINT SUPPLEMENTAL CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] CASE MANAGEMENT ORDER

012828.00008/242197v1