Fursman et al v. John Morrell & Co.

Filing 8

ORDER continuing cmc to 5/7/10 (tf, COURT STAFF) (Filed on 12/28/2009)

Case3:09-cv-04616-SI Document7

Filed12/22/09 Page1 of 3

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LINDA BALDWIN JONES, Bar No. 178922 KRISTINA M. ZINNEN, Bar No. 245346 JORDAN MAZUR, Bar No. 257899 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone [phone] Fax [phone] Attorneys for Plaintiffs KENNETH R. BALLARD, Bar No. 079743 JOHN B. GOLPER, Bar No. 065963 KATHERINE A. HREN, Bar No. 210110 Ballard, Rosenberg, Golper & Savitt, LLP 500 North Brand Boulevard, Twentieth Floor Glendale, CA 91203-9964 Telephone [phone] Fax [phone] Attorneys for Defendant

12 13 14 15 16 17 Plaintiffs, 18 v. 19 20 21 22 Defendant. 23 24 25 26 27
WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MIKE FURSMAN; STEVE SACKS, in their capacities as Trustees of the NORTHERN CALIFORNIA UFCW WHOLESALE HEALTH & WELFARE FUND, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 09-CV-046161-SI

JOHN MORRELL & CO. doing business as MOHAWK PACKING COMPANY and/or MOHAWK MEAT COMPANY,

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES [L.R. 3-12(a)] Judge: Susan Illston Courtroom: 10, 19th Floor

Plaintiffs Mike Fursman, Steve Sacks, in their capacities as Trustees of the Northern California UFCW Wholesale Health & Welfare Fund ("Plaintiffs"), and Defendant John Morrell & Co., doing business as Mohawk Packing Company and/or Mohawk Meat Company ("Defendant"), through their respective counsel, hereby stipulate to and request that the Court order that the Initial Case Management Conference and related deadlines be continued for a period of 120 days.

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Stipulation and [Proposed] Order Continuing CMC Deadlines (Case No. 09-CV-04616-SI)

Case3:09-cv-04616-SI Document7

Filed12/22/09 Page2 of 3

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

1.

Pursuant to the Court's Order Setting Initial Case Management Conference and

ADR Deadlines, the Initial Case Management Conference in this action is set for January 15, 2010 at 2:30 p.m. Other case management deadlines, including the filing of the ADR Certification, completion of initial disclosures, and filing of the Case Management Statement, precede and are set in relation to the Case Management Conference. 2. On November 5, 2009, the parties met to discuss the outstanding issues and agreed

to a process to explore a possible resolution of this action without the necessity of further litigation, time and expense. This case involves two payroll compliance testing audits. To that end, the parties intend to exchange information and need additional time to gather information as well as review said information. This case involves two payroll compliance audits covering several years. The parties currently anticipate that a short extension of case management deadlines will enable them to focus their efforts on resolving this matter. 3. There have been no previous time modifications related to the Initial Case

Management Conference or related case management activities in this case. 4. The parties expect that the requested extension of the date for the Initial Case

Management Conference will have no adverse effect on the schedule for the case. No trial date or other deadlines have yet been set. The requested extension may facilitate the resolution of the parties' dispute, and will at a minimum enable the parties to exchange information about their respective positions that may streamline case management. /// /// /// /// /// /// /// /// /// -2Stipulation and [Proposed] Order Continuing CMC Deadlines (Case No. 09-CV-04616-SI)

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Case3:09-cv-04616-SI Document7

Filed12/22/09 Page3 of 3

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Therefore, Plaintiffs and Defendant, through their respective counsel, stipulate and agree as follows: 1. The Initial Case Management Conference date of January 15, 2010 at 2:30 p.m. and

related deadlines are vacated. 2. The Initial Case Management Conference date is extended to _________________ May 7, 2010

at ____________. Related deadlines for ADR and case management activities are extended 2:30 p.m. accordingly, as provided in the Court's Order Setting Initial Case Management Conference and ADR Deadlines. Dated: December 21, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ Linda Baldwin Jones LINDA BALDWIN JONES Attorneys for Plaintiffs

Dated: December ____, 2009 16 17 18 19 20 21 22 23 24 Dated: ____________________ 25 26
120526/554463

BALLARD, ROSENBERG, GOLPER & SAVITT, LLP By: /s/ Katherine A. Hren KATHERINE A. HREN Attorneys for Defendant

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

_________________________________________ THE HONORABLE SUSAN ILLSTON

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

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-3Stipulation and [Proposed] Order Continuing CMC Deadlines (Case No. 09-CV-04616-SI)