Bay Area Painters & Tapers Pension Trust Fund et al v. Advanced Interior Systems, Inc. et al

Filing 22

ORDER RE: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from July 9, 2010 to September 10, 2010. Signed by Judge Vaughn R Walker for Maxine M. Chesney on July 7, 2010. (mmclc1, COURT STAFF) (Filed on 7/8/2010)

Bay Area Painters & Tapers Pension Trust Fund et al v. Advanced Interior Systems, Inc. et al

Doc. 22

1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 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 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C10-1305 MMC ORDER RE:

11 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al. 12 Plaintiffs, 13 v. 14 ADVANCED INTERIOR SYSTEMS, INC., a California Corporation; and ROBERT LEE 15 BROWN, an Individual, 16 17 18 Defendants.

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; OR ALTERNATIVELY, JOINT REQUEST TO APPEAR BY TELEPHONE Date: Time: Ctrm: Judge: July 9, 2010 10:30 a.m. 7, 19th Floor The Honorable Maxine M. Chesney

The parties hereby submit a Stipulation to Continue the Case Management Conference,

19 currently scheduled for July 9, 2010 at 10:30 a.m. 20 1. As the Court's records will reflect, this action was filed on March 29, 2010, to

21 compel Defendants' provision of certain documents for examination by ERISA Plaintiffs 22 necessary to complete an audit of Defendants' records for the period of January 1, 2006 through 23 the date of audit, pursuant to the terms of the Collective Bargaining Agreement and the governing 24 documents of the ERISA Plaintiffs. 25 2. Service on Defendants was effectuated on April 1, 2010, and a Proof of Service of

26 Summons was filed with the Court on April 19, 2010. 27 28 3. Defendants' Answer to the Complaint was filed on April 14, 2010.
-1STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-1305 MMC
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4.

The parties have agreed to mediation of this matter in the event that it is not

2 resolved informally. 3 5. However, Defendant has now agreed to do certain calculations needed to provide

4 the documents necessary to complete Plaintiffs' audit. It is anticipated that those documents will 5 be completed within 45 days, and forwarded to Plaintiffs' auditor for review. 6 6. Accordingly, the parties hereto respectfully request that the Case Management

7 Conference, currently scheduled for July 9, 2010, be continued for approximately 60 days to allow 8 Defendants to provide Plaintiffs with their calculations; for the auditor to review and analyze those 9 results; for an audit report to be issued and reviewed by Defendants; and for any necessary 10 discussion between the parties to ensue, including payment of amounts found due, if any, and to 11 arrange a payment plan if necessary. If the matter is thereby resolved, Plaintiffs will dismiss this 12 action; if not, Plaintiffs will take further appropriate action, to be determined upon any dispute that 13 is not otherwise resolved. 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 ///
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7.

There are no issues that need to be addressed by the parties at the currently

2 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 3 time and resources, the parties jointly request that the Court continue to currently scheduled Case 4 Management Conference by approximately 60 days. In the event that it is not continued, the 5 parties respectfully request that they both be permitted to appear by telephone to keep fees and 6 costs at a minimum. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDER The Case Management Conference currently scheduled for July 9, 2010 is hereby September 10, 2010 continued to _____________________________. A Joint Case Management Conference Statement shall be filed one week prior to the new date. OR The Case Management Conference currently scheduled for July 9, 2010 remains on calendar as set. Both parties are permitted to appear by telephone. Date: June 29, 2010 LAW OFFICE OF C. PATRICK STOLL By: /S/Carl Patrick Stoll Carl Patrick Stoll Attorneys for Defendant Date: June 29, 2010 SALTZMAN & JOHNSON LAW CORPORATION By: /S/Muriel B. Kaplan Muriel B. Kaplan Attorneys for Plaintiffs

23 Date: ___________________ July 8, 2010 24 25 26 27 28

/s/ Vaughn R Walker for ________________________________________ THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT COURT JUDGE

-3STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-1305 MMC
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