District Council 16 Northern California Health and Welfare Trust Fund et al v. Creteguard, Inc.

Filing 15

ORDER to extend time to answer and to coantinue ICMC re 14 Stipulation filed by Creteguard, Inc. Initial Case Management Conference set for 5/14/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 3/29/2010. (be, COURT STAFF) (Filed on 3/30/2010)

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Robert Fried, State Bar No. 85579 ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Corporation 5776 Stoneridge Mall Road, Suite 200 Pleasanton, California 94588 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Creteguard, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 5776 Stoneridge Mall Road, Suite 200 Pleasanton, California 94588 Telephone: [phone] Facsimile: [phone]

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DISTRICT COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WE4LFARE TRUST FUND, et al, Plaintiff, vs. CRETEGUARD, INC., aka CRETE GUARD CONSTRUCTION CO., INC., a California Corporation, Defendant.

CASE NO. CV 10-00023 STIPULATION TO EXTEND TIME TO ANSWER COMPLAINT AND REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE ASSIGNED FOR ALL PURPOSES TO THE HONORABLE CHARLES R. BREYER DATE: TIME: DEPT:

In an initial request submitted to this Court on March 15, 2010, based on which the Court issued an Order dated March 17, 2010 allowing for an additional period for Defendant to respond to the complaint in this matter. As noted with the initial request, this case primarily concerns trust fund payments alleged to be due under a labor agreement. Application of the labor agreement to the underlying work performed may become an issue to be litigated. However, the parties, being experienced litigators in these matters, have agreed to set a period for audit of the claims presented and for discussion and review in aid of settlement among all concerned parties. The parties have acted in accordance with the above representations. An employer self STIPULATION TO EXTEND TIME TO ANSWER COMPLAINT AND REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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audit was conducted and the audit information was provided to Plaintiffs counsel for review by the trusts. That review is currently underway and, as of this date, has not been completed. Accordingly, it is requested that the Court allow an additional period of time for the audit process to be completed in the expectation this case will then be resolved and thus extend the time for Defendant to respond to the complaint in this matter. It is requested that the date to be set is April 30, 2010. Because that day is after the initial case management order set in this matter (April 16, 2010), the parties request the Court reset the Case Management Conference to a date subsequent to April 30, 2010 at the convenience of the Court. DATED: March 23, 2010 ATKINSON, ANDELSON, LOYA, RUUD & ROMO

ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 5776 Stoneridge Mall Road, Suite 200 Pleasanton, California 94588 Telephone: [phone] Facsimile: [phone]

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By: /s/Michele R. Stafford Michele R. Stafford, Esq. Attorneys for All Plaintiffs DATED: March 23, 2010 SALTZMAN & JOHNSON LAW CORPORATION By: /s/Robert Fried Robert Fried, Esq. Attorneys for Defendant Creteguard, Inc.

ORDER Pursuant to the parties' stipulation and good cause appearing therefore, the Court hereby May 7 orders that the time to answer complaint be set at _____________________, 2010. The initial Case Management Conference in this matter is continued until _________, May 14 2010. at 8:30 a.m. IT IS SO ORDERED. March 29, 2010 Dated: ____________________ _____________________________ -2STIPULATION TO EXTEND TIME TO ANSWER COMPLAINT AND REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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C ES Honorable Charles R. Breyer T C AT T Judge of the District Court

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ATKINSON, ANDELSON, LOYA, RUUD & ROMO

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A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 5776 Stoneridge Mall Road, Suite 200 Pleasanton, California 94588 Telephone: [phone] Facsimile: [phone]

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