Board of Trustees of the Pipe Trades District Council No. 36 Health & Welfare Trust Fund et al v. Summit Mechanical Systems, Inc. et al

Filing 17

ORDER Granting 16 Stipulation re Dates as Modified. Signed by Judge Jefffrey S. White on January 20, 2010. (jswlc1, COURT STAFF) (Filed on 1/20/2010)

Case3:09-cv-04408-JSW Document16

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ROBERT J. WILGER, Bar No. 168402 NATHALIE A. LE NGOC, Bar No. 254376 LITTLER MENDELSON A Professional Corporation 50 West San Fernando Street, 15th Floor San Jose, CA 95113.2303 Telephone: [phone] Attorneys for Defendants SUMMIT MECHANICAL SYSTEMS, INC., CORINNE KATHLEEN WHITE, LONNY MICHAEL WHITE; SMS INDUSTRIAL, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BOARD OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 HEALTH AND WELFARE TRUST FUND; BOARD OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 PENSION TRUST FUND; BOARD OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 APPRENTICE TRAINING TRUST FUND; BOARD OF TRUSTEES OF THE CENTRAL CALIFORNIA PIPE TRADES INDUSTRY LABOR-MANAGEMENT COOPERATION COMMITTEE TRUST FUND; Plaintiffs,
v.

Case No. CV09-04408-JSW JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEFENDANTS' DEADLINE TO FILE ANSWER AND OTHER ASSOCIATED DEADLINES

SUMMIT MECHANICAL SYSTEMS, INC., a California corporation; CORINNE KATHLEEN WHITE, an individual; LONNY MICHAEL WHITE, an individual; SMS INDUSTRIAL, INC. a.k.a. S M S INDUSTRIAL, INC., a California corporation; and DOES 1 through 50, inclusive; Defendants.

FIRMWIDE:93710950.1 063956.1001

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Case No. CV09-04408-JSW

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DBFS' DEADLINE TO FILE ANSWER

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STIPULATION Plaintiffs BOARD OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 HEALTH AND WELFARE TRUST FUND; BOARD OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 PENSION TRUST FUND; BOARD.OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 APPRENTICE TRAINING TRUST FUND; and BOARD OF TRUSTEES OF THE CENTRAL CALIFORNIA PIPE TRADES INDUSTRY LABOR-MANAGEMENT COOPERATION COMMITTEE TRUST FUND, and Defendants SUMMIT MECHANICAL SYSTEMS, INC., CORINNE KATHLEEN WHITE, LONNY MICHAEL WHITE, SMS INDUSTRIAL, INC. (hereinafter collectively "the parties"), by and through their attorneys of record, hereby stipulate and agree as follows: 1. The parties jointly agree to extend the deadline for Defendants to file their answer by seventeen (17) days to February 5,2010. 2. The last day for the parties to meet and confer re: initial disclosures, early settlement, the ADR process selection and a discovery plan; to file ADR certification signed by the parties and their respective counsel; and file either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference shall be April 1,2010. 3. The last day for the parties to file a Rule 26(f) Report, complete initial disclosures or state objections in a Rule 26(f) Report and to file a Case Management Statement per the Standing Order re: Contents of Joint Case Management Statement shall be April 15,2010. 4. The initial case management conference shall be held on April 22, 2010, in Courtroom E, 15th Floor at 10:00 a.m.

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Case No. CV09-04408-JSW

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DBFS' DEADLINE TO FILE ANSWER

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Dated: January 19,2010

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-E.MQ^^ CfflU KJMBLEJ MacMCHAEL & UPTON A Professional Corporation Attorneys for Plaintiffs BOARD OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 HEALTH AND WELFARE TRUST FUND; BOARD OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 PENSION TRUST FUND; BOARD OF TRUSTEES OF THE PIPE TRADES DISTRICT COUNCIL NO. 36 APPRENTICE TRAINING TRUST FUND; and BOARD OF TRUSTEES OF THE CENTRAL CALIFORNIA PIPE TRADES INDUSTRY LABOR-MANAGEMENT COOPERATION COMMITTEE TRUST FUND Dated: January 19,2010 NATHALIE A. LENGOC LITTLER MENDELSON A Professional Corporation CORINNE KATHLEEN WHITE, LONNY MICHAEL WHITE; SMS INDUSTRIAL, INC.
Attorneys for Defendants SUMMIT MECHANICAL SYSTEMS, INC.,
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Case No. CV09-04408-JSW

JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DBFS' DEADLINE TO FILE ANSWER

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ORDER Having considered the parties' Stipulation, this Court hereby ORDERS as follows: 1. The deadline for Defendants to file their answer will be extended by seventeen (17) days to February 5, 2010. The last day for the parties to meet and confer re: initial disclosures, early settlement, the ADR process selection and a discovery plan; to file ADR certification signed by the parties and their respective counsel; and file either a Stipulation to ADR Process or Notice of Need for ADR Phone Conference shall be April 1,2010. The last day for the parties to file a Rule 26(f) Report, complete initial disclosures or state objections in a Rule 26(f) Report and to file a Case Management Statement per the Standing Order re: Contents of Joint Case Management Statement shall be
April 23 The initial case management conference shall be held on April 22, 2010, in Courtroom 11, 19th Floor at 1:30 p.m. Courtroom E, 15th Floor at 10:00 a.m.

April 15,2010.

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18 IT IS SO ORDERED

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20 Dated: January 20, 2010

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23 HON. JEFFERY S. WHITE U.S. DISTRICT COURT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DBFS' DEADLINE TO FILE ANSWER