Crosthwaite et al v. Landavazo Brothers Inc.

Filing 7

STIPULATION AND ORDER extending time to respond to complaint and rescheduling the Initial Case Management Conference to 5/3/2010 at 01:30 PM. Signed by Judge Thelton E. Henderson on 02/16/10. (rbe, COURT STAFF) (Filed on 2/18/2010)

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Gordon & ReesLLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

CHARLES S. CUSTER (SBN: 124270) DANIEL T. BERKLEY (SBN: 50111) JON C. YONEMITSU (SBN: 199026) GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] jyo [e-mail] Attorneys for Defendant LANDAVAZO BROTHERS, INC. MURIEL B. KAPLAN, ESQ. (SBN 124607) MICHELE R. STAFFORD, ESQ. (SBN 172509) SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] mstaffordasjlawcorp.com Attorneys for Plaintiffs GIL CROSTHWAITE and RUSS BURNS, in their respective capacities as Trustees of the OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, PENSION TRUST FUND FOR OPERATING ENGINEERS, PENSIONED OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS PRE- APPRENTICESHIP, APPRENTICE AND JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND, HEAVY AND HIGHWAY COMMITTEE; and OPERATING ENGINEERS LOCAL 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) GIL CROSTHWAITE and RUSS BURNS, in ) CASE NO. C09-5741 TEH their respective capacities as Trustees of the ) OPERATING ENGINEERS' HEALTH AND ) JOINT STIPULATION TO EXTEND TIME WELFARE TRUST FUND, ) TO RESPOND TO COMPLAINT AND TO PENSION TRUST FUND FOR OPERATING ) RESCHEDULE INITIAL CASE ENGINEERS, ) MANAGEMENT CONFERENCE; PENSIONED OPERATING ENGINEERS' ) [PROPOSED] ORDER HEALTH AND WELFARE TRUST FUND, ) OPERATING ENGINEERS AND ) PARTICIPATING EMPLOYERS PRE) -1Jt. Stipulation To Extend Time To Respond To Complaint, Reschedule CMC Case No. C09-5741 TEH

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Gordon & ReesLLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

APPRENTICESHIP, APPRENTICE AND JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND, HEAVY AND HIGHWAY COMMITTEE; AND OPERATING ENGINEERS LOCAL 3, Plaint iffs, vs. LANDAVAZO BROTHERS, INC., a California Corporation Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

This Stipulation to Extend the Time to Respond to the Complaint and to Reschedule the Initial Case Management Conference is entered into by and between Plaintiffs GIL CROSTHWAITE and RUSS BURNS, in their respective capacities as Trustees of the OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, PENSION TRUST FUND FOR OPERATING ENGINEERS, PENSIONED OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, OPERATING ENGINEERS AND PARTICIPATING EMPLOYERS PRE- APPRENTICESHIP, APPRENTICE AND JOURNEYMEN AFFIRMATIVE ACTION TRAINING FUND, HEAVY AND HIGHWAY COMMITTEE; and OPERATING ENGINEERS LOCAL 3 and Defendant LANDAVAZO BROTHERS, INC. by and through their respective counsel with respect to the following: 1. WHEREAS, Plaintiffs filed their Complaint on December 7, 2009. Defendant

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accepted service by Waiver of Summons on January 13, 2010. 2. WHEREAS, defendant's time to respond to Plaintiffs' Co mplaint expires on

February 15, 2010. 3. WHEREAS, pursuant to Local Rule 6-1(a), the parties to this litigation stipulate

to an extension of time for defendant to file a responsive pleading to Plaintiffs' Co mplaint; 4. WHEREAS, this litigation involves ERISA claims of unpaid wages and deficient

employer contributions to a union's pension trust fund over a four (4) year period; 5. WHEREAS, the parties have had fruitful ongoing discussions regarding the -2Jt. Stipulation To Extend Time To Respond To Complaint, Reschedule CMC Case No. C09-5741 TEH

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Gordon & ReesLLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

merits of this action in the hopes of achieving an early resolut ion wit h the intent of settling of this matter thereby eliminating the need for protracted litigation; 6. WHEREAS, the parties agree that providing Defendant with addit ional t ime to

respond to Plaintiffs' Co mplaint will be beneficial towards achieving an early resolution of this matter; 7. WHEREAS, the parties stipulate to a 45-day extension of time to respond to

Plaintiffs' Co mplaint, or until April 2, 2010; 8. WHEREAS, in the interest of judicial economy and their effort to minimize

litigation expenses for the parties, the parties further stipulate to reschedule the Initial Case Management Conference currently set for March 15, 2010, to Monday, May 3, 2010; 9. WHEREAS, as the proposed Stipulation affects the currently set Case

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Management dates, the parties further stipulate that the Court modify its Order Setting Initial Case Management Conference and ADR Deadlines as follows:
Event

Current Date 2/15/2010 2/22/2010

Proposed Date 4/2/2010 4/9/2010

Defendant's Responsive pleading due Last day to: · meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan · file ADR Certification signed by Parties and Counsel (form available at http://www.cand.uscourts.gov) · file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference (form available at http://www.cand.uscourts.gov ) Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contents of Joint Case Management Statement (also available at http://www.cand.uscourts.gov ) INITIAL CASE MANAGEMENT CONFERENCE(CMC) in Courtroom 12, 19th Fl., SF at 1:30 PM -3Jt. Stipulation To Extend Time To Respond To Complaint, Reschedule CMC

3/8/2010

4/23/2010

3/15/2010

5/3/2010

Case No. C09-5741 TEH

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Gordon & ReesLLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

Whereas, the parties agree that they will not suffer any prejudice by agreeing to the alternative dates set forth above.

SO STIPULATED. Dated: February 15, 2010

SALTZMAN & JOHNSON LAW CORPORATION By: /s/ Michele R. Stafford Michele R. Stafford Attorneys for Plaintiffs

Dated: February 16, 2010

GORDON & REES LLP By: /s/ Jon C. Yonemitsu Jon C. Yonemitsu Attorneys for Defendant

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Event

[PROPOSED] ORDER Pursuant to the stipulation of the Parties, good cause appearing therefore, the following dates for the Initial Case Management Conference hearing and associated ADR Initial Order are extended as follows: Current Date 2/15/2010 2/22/2010 Proposed Date 4/2/2010 4/9/2010

Defendant's Responsive pleading due Last day to: · meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan · file ADR Certification signed by Parties and Counsel (form available at http://www.cand.uscourts.gov) · file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference (form available at http://www.cand.uscourts.gov ) -4Jt. Stipulation To Extend Time To Respond To Complaint, Reschedule CMC

Case No. C09-5741 TEH

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Gordon & ReesLLP 275 Battery Street, Suite 2000 San Francisco, CA 94111

Event

Current Date 3/8/2010

Proposed Date 4/23/2010

Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contents of Joint Case Management Statement (also available at http://www.cand.uscourts.gov ) INITIAL CASE MANAGEMENT CONFERENCE (CMC) in Courtroom 12, 19th Fl., SF at 1:30 PM

3/15/2010

5/3/2010

IT IS SO ORDERED. 02 _____, 2010 Dated: _________/16

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UNIT ED

CT E_ _________S __________________________________ C AT N E. HENDERSON, JUDGE THET TO L UNITED STATES DISTRICT COURT

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-5Jt. Stipulation To Extend Time To Respond To Complaint, Reschedule CMC Case No. C09-5741 TEH

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