Operating Engineers' Pension Trust Fund et al v. Fife Rock Production Company et al

Filing 33

ORDER continuing cmc to 11/5/10 (tf, COURT STAFF) (Filed on 8/30/2010)

Operating Engineers' Pension Trust Fund et al v. Fife Rock Production Company et al

Doc. 33

1 RICHARD C. JOHNSON (SBN 40881) SHAAMINI A. BABU (SBN 230704) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 [phone] 4 [phone] ­ Facsimile [e-mail] 5 [e-mail] 6 Attorneys for Plaintiffs 7 ROBERT G. HULTENG (SBN 072193) VINCENT J. MERSICH (SBN 259813) 8 LITTLER MENDELSON, P.C. 650 California Street, 20th Floor 9 San Francisco, CA 94108 [phone] 10 [phone] (fax) [e-mail] 11 [e-mail] 12 Attorneys for Defendants 13 14 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: 10-CV-00697-SI JOINT CASE MANAGEMENT STATEMENT; AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

15 OPERATING ENGINEERS' PENSION TRUST FUND; et al., 16 Plaintiffs, 17 vs. 18 FIFE ROCK PRODUCTS COMPANY, et al., 19 20 21 22 23 24 25 26 27 28 Defendants. 1.

On July 22, 2010, the parties participated in Early Neutral Evaluation (ENE)

pursuant to this Court's Order dated May 13, 2010 (Document 21) with Steve Schrey who was appointed as the Evaluator by the Court on May 21, 2010 (Document 24). 2. As stated in the Evaluator's Certification of Session (Document 30), the parties

continued to engage in further facilitated discussions following the ENE session. 3. The parties have agreed to participate in a mediation session on September 29,

2010, in an attempt to settle this matter. Steve Schrey will serve as the mediator. 4. There are no issues that need to be addressed by the Court at the Case Management 1 JOINT CMC STMT AND [PROPOSED] ORDER Case No.: 10-CV-00697 SI
Dockets.Justia.com

P:\CLIENTS\OE3PP\Cases\Fife\CMC\Proposed Order re CMC 082410.doc

1 Conference currently calendared for September 3, 2010 (Docket 25). In the interest of minimizing 2 attorneys' fees and costs as well as preserving the Court's resources, the parties respectfully 3 request that the Court continue the Case Management Conference to November 5, 2010, to 4 provide the parties with sufficient opportunity to participate in the mediation and any subsequent 5 settlement discussions as necessary. 6 7 8 9 10 11 12 13 14 15 16 17 18 IT IS SO ORDERED. 19 20 21 22 23 24 25 26 27 28 2 JOINT CMC STMT AND [PROPOSED] ORDER Case No.: 10-CV-00697 SI The Honorable Susan Illston UNITED STATES DISTRICT COURT DATED: Based on the foregoing, the Case Management Conference is hereby continued to November 5, 2010, at 2:30 p.m. All related deadlines are extended accordingly. By: /S/ SHAAMINI A. BABU Attorney for Plaintiffs OPERATING ENGINEERS' PENSION TRUST FUND, et al. DATED: August 24, 2010 DATED: August 24, 2010 LITTLER MENDELSON, P.C.

By:

/S/ ROBERT G. HULTENG VINCENT J. MERSICH Attorney for Defendants FIFE ROCK PRODUCTS, et al.

SALTZMAN & JOHNSON LAW CORPORATION

P:\CLIENTS\OE3PP\Cases\Fife\CMC\Proposed Order re CMC 082410.doc