Board of Trustees of the Western Independent Shops Pension Trust v. Western Metal Decorating Co. Coil Division et al

Filing 18

ORDER re 15 Stipulation filed by Western Metal Decorating Co. Coil Division, Western Metal Decorating Co. Cucamonga Division. Signed by Judge Laporte on 8/9/10. (edllc1, COURT STAFF) (Filed on 8/9/2010)

Board of Trustees of the Western Independent Shops Pension Trust v. Wes...ng Co. Coil Division et al

Doc. 18

1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE WESTERN 12 INDEPENDENT SHOPS PENSION TRUST, 13 14 15 16 17 18 19

) ) ) ) Plaintiff, ) vs. ) WESTERN METAL DECORATING CO. COIL ) ) DIVISION; WESTERN METAL ) DECORATING CO. CUCAMONGA ) DIVISION, ) ) Defendants. )

Case No. CV10-02003 EDL STIPULATION TO CONTINUE CASE MANAGEMENTCONFERENCE; ORDER AS MODIFIED Action Filed: May 10, 2010

Plaintiff Board of Trustees of the Western Independent Shops Pension Trust ("Plaintiff")

20 and Defendants Western Metal Decorating Co. Coil Division and Western Metal Decorating Co. 21 Cucamonga Division ("Defendants") (collectively, the "Parties"), by and through their respective 22 counsel of record, hereby stipulate as follows: 23 24 WHEREAS, Plaintiff filed a Request for Entry of Default on July 28, 2010; WHEREAS, Defendants filed a Motion to Set Aside Default on August 2, 2010, which was

25 noticed to be heard on September 21, 2010; 26 27 WHEREAS, the Clerk entered default on August 2, 2010; WHEREAS, the Court's Case Management Order sets forth a number of scheduling and

28 case management deadlines, as follows: (1) parties to conduct Rule 26(f) conference and exchange
Case No. CV10-02003 EDL Stipulation to Continue CMC
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Dockets.Justia.com

1 Initial Disclosures on August 10, 2010; (2) Joint CMC Statement due August 17, 2010; and (3) 2 Case Management Conference held on August 24, 2010; 3 WHEREAS, the Parties have agreed to engage in good faith settlement negotiations to

4 attempt early resolution of this action. 5 6 IT IS HEREBY STIPULATED AS FOLLOWS: In light of the Parties' settlement negotiations and the upcoming hearing date for

7 Defendants' Motion to Set Aside Default scheduled for September 21, 2010, the Parties believe it 8 is in the interest of judicial economy and in the Parties' best interests to conserve their resources 9 and focus their efforts on settlement efforts as opposed to litigating this matter, and therefore 10 requests that all upcoming case management deadlines (including the CMC scheduled for August 11 24, 2010) be VACATED and the CMC continued until the hearing on Defendants' Motion to Set 12 Aside Default. Because of unavailability of Plaintiff's counsel on the previously noticed hearing 13 date of September 21, 2010, the Parties jointly request that both the CMC and Defendants' Motion 14 to Set Aside Default be continued and heard on September 28, 2010, at which point the Court can 15 make further scheduling orders as necessary. 16 SO STIPULATED. CARLTON DiSANTE & FREUDENBERGER LLP

17 Dated: August 6, 2010 18 19 20 21 22 23 24 25 26 27 28 Dated: August 6, 2010

By: /S/ Alison L. Tsao Alison L. Tsao Attorneys for Defendants WESTERN METAL DECORATING CO. COIL DIVISION and WESTERN METAL DECORATING CO. CUCAMONGA DIVISION

TRUCKER HUSS LLP

By: /S/ Robert Schwartz Robert Schwartz Attorneys for Plaintiff BOARD OF TRUSTEES OF THE WESTERN INDEPENDENT SHOPS PENSION TRUST 1
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Case No. CV10-02003 EDL Stipulation to Continue CMC

1 2

ORDER For good cause, the Court vacates all case management deadlines/obligations of the Parties

3 and continues the Case Management Conference to September 28, 2010, and continues the hearing 4 5 6 7 on Defendants' Motion to Set Aside Default to the same date, such that both matters will be addressed on October 5, 2010. The current briefing schedule on the Motion to Set Aside Default shall remain in place, with the Opposition due on August 31 and the Reply due on September 7. A

8 Joint Case Management Conference Statement shall be filed no later than September 28, 2010. 9 10 IT IS SO ORDERED. ___________________________________ United States District Judge Magistrate Judge Judge Elizabeth D. Laporte

11 Date: ______________________ Aug. 9, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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Case No. CV10-02003 EDL Stipulation to Continue CMC