The Board of Trustees et al v. Paul T. Beck Contractors, Inc.

Filing 62

ORDER re (59 in 3:10-cv-01492-EDL) Stipulation, filed by Cement Masons Pension Trust Fund for Northern California, Cement Masons Vacation/Holiday Trust Fund for Northern California, The Board of Trustees, Cement Masons Apprenticeship & Training Trust Fund for Northern California Discovery due by 2/27/2012. Bench Trial set for 9/4/2012 08:30 AM before Magistrate Judge Elizabeth D. Laporte. Final Pretrial Conference set for 8/7/2012 02:00 PM in Courtroom E, 15th Floor, San Francisco. Motion Hearing set for 5/1/2012 09:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Magistrate Judge Elizabeth D. Laporte on 12/22/2011. (hlk, COURT STAFF) (Filed on 12/22/2011)

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BARRY E. HINKLE, Bar No. 071223
PATRICIA A. DAVIS, Bar No. 179074
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
KRISTINA M. ZINNEN, Bar No. 245346
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501-1091
Telephone [phone]
Fax [phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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

THE BOARD OF TRUSTEES, in their
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capacities as Trustees of the CEMENT
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MASONS HEALTH AND WELFARE TRUST )
FUND FOR NORTHERN CALIFORNIA,
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CEMENT MASONS PENSION TRUST FUND )
FOR NORTHERN CALIFORNIA, CEMENT )
MASONS VACATION/HOLIDAY TRUST
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FUND FOR NORTHERN CALIFORNIA,
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CEMENT MASONS APPRENTICESHIP AND )
TRAINING TRUST FUND FOR NORTHERN )
CALIFORNIA,
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Plaintiffs,
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v.
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PAUL T. BECK CONTRACTORS, INC., A
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California Corporation; JAMES RAY BECK, )
individually and doing business as J R B
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GRADING & PAVING, as successor in interest )
to PAUL T. BECK CONTRACTORS, INC.;
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and J R B GRADING & PAVING, as successor )
in interest to PAUL T. BECK
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CONTRACTORS, INC.,
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Defendants.
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THE BOARD OF TRUSTEES, in their
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capacities as Trustees of the LABORERS
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HEALTH AND WELFARE TRUST FUND
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FOR NORTHERN CALIFORNIA;
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LABORERS VACATION-HOLIDAY TRUST )
FUND FOR NORTHERN CALIFORNIA;
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LABORERS PENSION TRUST FUND FOR )
NORTHERN CALIFORNIA; and LABORERS )

No. C 10-01492 EDL
(Consolidated Cases)

STIPULATED REQUEST TO MODIFY
THE PRETRIAL ORDER;
[PROPOSED] ORDER

No. C 10-01493 EDL

Stipulated Request to Modify the Pretrial Order; [Proposed] Order,

Case No. C 10-01492 EDL (Consolidated Cases)

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

TRAINING AND RETRAINING TRUST
FUND FOR NORTHERN CALIFORNIA,

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Plaintiffs,
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v.
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PAUL T. BECK CONTRACTORS, INC., A
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California Corporation; JAMES RAY BECK, )
individually and doing business as J R B
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GRADING & PAVING, as successor in interest )
to PAUL T. BECK CONTRACTORS, INC.;
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and J R B GRADING & PAVING, as successor )
in interest to PAUL T. BECK
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CONTRACTORS, INC.,
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Defendants.
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THE BOARD OF TRUSTEES, in their
) No. C 10-05539 EDL
capacities as Trustees of the CEMENT
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MASONS HEALTH AND WELFARE TRUST )
FUND FOR NORTHERN CALIFORNIA;
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CEMENT MASONS PENSION TRUST FUND )
FOR NORTHERN CALIFORNIA; CEMENT )
MASONS VACATION/HOLIDAY TRUST
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FUND FOR NORTHERN CALIFORNIA; and )
CEMENT MASONS APPRENTICESHIP AND )
TRAINING TRUST FUND FOR NORTHERN )
CALIFORNIA,
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Plaintiffs,
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v.
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JAMES RAY BECK, individually and doing
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business as J R B GRADING & PAVING; and J )
R B GRADING & PAVING,
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Defendants.
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THE BOARD OF TRUSTEES, in their
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capacities as Trustees of the LABORERS
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HEALTH AND WELFARE TRUST FUND
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FOR NORTHERN CALIFORNIA;
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LABORERS VACATION-HOLIDAY TRUST )
FUND FOR NORTHERN CALIFORNIA;
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LABORERS PENSION TRUST FUND FOR )
NORTHERN CALIFORNIA; and LABORERS )
TRAINING AND RETRAINING TRUST
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FUND FOR NORTHERN CALIFORNIA,
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Plaintiffs,
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-2Stipulated Request to Modify the Pretrial Order; [Proposed] Order,

Case No. C 10-01492 EDL (Consolidated Cases)

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v.

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JAMES RAY BECK, individually and doing
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business as J R B GRADING & PAVING; and )
J R B GRADING & PAVING,
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Defendants.
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)

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Pursuant to Local Rule 7-12, Plaintiffs, the Board of Trustees, in their capacities as

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Trustees of the Cement Masons Health and Welfare Trust Fund for Northern California, Cement

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Masons Pension Trust Fund for Northern California, Cement Masons Vacation-Holiday Trust Fund

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for Northern California, and Cement Masons Apprenticeship and Training Trust Fund for Northern

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California and Plaintiffs (referred to as “Cement Masons’ Trust Funds”); and the Board of

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Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund for

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Northern California, Laborers Vacation-Holiday Trust Fund for Northern California, Laborers

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Pension Trust Fund for Northern California, and Laborers Training and Retraining Trust Fund for

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Northern California (referred to as “Laborers’ Trust Funds”) (the Laborers’ Trust Funds and the

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Cement Masons’ Trust Funds will be referred to collectively herein as “Plaintiffs”) and Defendant

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Paul T. Beck Contractors, Inc. A California Corporation (hereinafter “Defendant”), by and through

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the undersigned counsel, hereby stipulate and request that the Court issue an Order to modify

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Pretrial Order for Court Trial (Document No. 55 in Case No. 10-1492) (hereinafter “Pretrial

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Order”) for cases 10-01492, 10-01493, 10-05539, and 10-05540 by adding an additional 90 days to

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all of the deadlines/dates therein, including the trial date, pursuant to F.R.C.P. 16(b)(4).

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In accordance with F.R.C.P. 16(b), the Court may modify or amend a scheduling order

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upon a showing of “good cause”. As the Ninth Circuit has stated, this “good cause” standard

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“primarily considers the diligence of the party seeking the amendment.” The district court may

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modify the pretrial schedule if the schedule cannot reasonably be met despite the diligence of the

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party seeking the extension. F.R.C.P. 16(b); Claudine Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604 (9th Cir. 1992); Jackson v. Laureate, Inc., 186 F.R.D. 605 (E.D. CA 1999).

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

In this case, both parties seek the amendment of the Pretrial Order. Under the current
Pretrial Order, the discovery cut-off in these actions is November 28, 2011, the deadline to
-3Stipulated Request to Modify the Pretrial Order; [Proposed] Order,

Case No. C 10-01492 EDL (Consolidated Cases)

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complete mediation is January 26, 2012, and the deadline for a hearing on any dispositive motions

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is January 30. 2012.

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On December 9, 2011, James Ray Beck filed a Petition for Chapter 7 Bankruptcy in the

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Northern District. As a result, Plaintiffs will be filing a Notice of Bankruptcy in the consolidated

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cases involving the following parties: Defendant James Ray Beck, individually and doing business

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as J R B Grading & Paving; Defendant J R B Grading & Paving; Defendant James Ray Beck,

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individually and doing business as J R B Grading & Paving, as successor in interest to Paul T.

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Beck Contractors, Inc.; and Defendant J R B Grading & Paving, as successor in interest to Paul T.

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Beck Contractors, Inc.

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In addition, the remaining Defendant in this case, Paul T. Beck Contractors, Inc., is in the

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process of assessing whether it will also be filing a Petition for Bankruptcy. Plaintiffs and

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Defendant have completed most of the discovery in these cases and have been negotiating the

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possibility of settling this matter through a Stipulated Judgment, but the parties require additional

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time to complete this process to determine whether they can settle this case, dispose of the case

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through the filing of dispositive motions or for the remaining Defendant to determine whether it

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will file for Bankruptcy protection. Therefore, under the circumstances of this case, an extension

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of the discovery period and corresponding trial deadlines is warranted.

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Because this Stipulated Request to Modify the Pretrial Order is supported by good cause,

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the parties hereby respectfully request that the Court modify the Pretrial Order by adding an

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additional 90 days to all of the deadlines/dates therein, as follows:

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February 27, 2012

Discovery cut-off

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February 27, 2012

Expert discovery cut-off

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April 25, 2012
May 1, 2012
April 30, 2012

Last day to complete mediation pursuant to Court Order.
Last day to hear dispositive motions

July 5, 2012

Last day to meet and confer prior to the pretrial
conference

July 16, 2012

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Last day to file joint pretrial statement including
pretrial disclosures; serve and file trial briefs and
motions in limine; serve and file an exhibit list
and exchange exhibits

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

-4Stipulated Request to Modify the Pretrial Order; [Proposed] Order,

Case No. C 10-01492 EDL (Consolidated Cases)

July 24, 2012

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August 7, 2012
August 6, 2012

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Last day to file objections to exhibits and
witnesses or oppositions to motions in limine
Pretrial conference and hearing on motions in
limine

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September 4, 2012
August 27, 2012

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Additionally, the parties hereby stipulate that if and only if the Court declines to grant the

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Stipulated Request to Modify the Pretrial Order, each party will not oppose the other party’s right

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to take said party’s deposition after the close of discovery.

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Dated: December 21, 2011

Court trial

WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By: /s/ Kristina M. Zinnen
KRISTINA M. ZINNEN
Attorneys for Plaintiffs

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Dated: December 21, 2011
BOHNEN, ROSENTHAL & KREEFT

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By: /s/ Sergio H. Parra
SERGIO H. PARRA
Attorneys for Defendant

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Pursuant to the Stipulation of the Parties, IT IS SO ORDERED., AS MODIFIED.

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UNIT
ED

Dated: December 22, 2011

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HONORABLE ELIZABETH D. LAPORTE

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

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Laporte

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ROSENFELD
A Professional Corporation

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[PROPOSED] ORDER

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D IS T IC T O
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-5Stipulated Request to Modify the Pretrial Order; [Proposed] Order,

Case No. C 10-01492 EDL (Consolidated Cases)