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 22

ORDER GRANTING 21 Amended Joint Stipulation to Continue Deadlines. Signed by Judge Jeffrey S. White on March 8, 2010. (jswlc2, COURT STAFF) (Filed on 3/8/2010)

Case3:09-cv-04408-JSW Document21

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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 AMENDED 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:94362374.1 063956.1001

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Case No. CV09-04408-JSW

AMENDED JT STIP AND [PROPOSED] ORDER TO CONTINUE DBFS' DEADLINE TO FILE ANSWER

Case3:09-cv-04408-JSW Document21

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STIPULATION

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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 thirty (30) days to April 7,2010. 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 June 2,2010. 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 June 14,2010. 4. The initial case management conference shall be held on June 25, 2010, in Courtroom 11, 19th Floor at 1:30 p.m.

Firmwide:94362374.1 063956.1001

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Case No. CV09-04408-JSW

AMENDED JT STIP AND [PROPOSED] ORDER TO CONTINUE DBFS' DEADLINE TO FILE ANSWER

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Dated: March/, 2010

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Dated: March 5, 2010

JLE, MjfcfcflCHAEL & 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

Isl
NATHALIE A. LE NGOC LITTLER MENDELSON A Professional Corporation Attorneys for Defendants SUMMIT MECHANICAL SYSTEMS, INC., CORINNE KATHLEEN WHITE, LONNY MICHAEL WHITE; SMS INDUSTRIAL,

INC.

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Firmwide:94362374.1 063956.1001 Case No. CV09-04408-JSW

AMENDED JT STIP 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 thirty (30) days to April 7,2010. 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 June 2,2010. 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 June 14,2010. 4. The initial case management conference shall be held on June 25, 2010 in Courtroom 11, 19th Floor at 1:30 p.m.

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IT IS SO ORDERED

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Dated:

March 8, 2010

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FIRMWIDE:94362374.1063956.1001 4

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

Case No. CV09-04408-JSW

AMENDED JT STIP AND [PROPOSED] ORDER TO CONTINUE DBFS' DEADLINE TO FILE ANSWER