The Board of Trustees of the Carpenters Pension Trust Fund for Northern California v. Finer Floor Coverings, Inc.

Filing 23

ORDER CONTINUING MEDIATION DEADLINE re 20 Stipulation filed by The Board of Trustees of the Carpenters Pension Trust Fund for Northern California. Signed by Judge James Larson on 3/8/11. (jlsec, COURT STAFF) (Filed on 3/8/2011)

The Board of Trustees of the Carpenters Pension Trust Fund for Northern...iner Floor Coverings, Inc.

Doc. 23

Case3:10-cv-03300-JL Document20

Filed03/04/11 Page1 of 3

1 2 3 4 5 6 7

BLYTHE MICKELSON, Bar No. 095506 LINDA BALDWIN JONES, Bar No. 178922 EZEKIEL D. CARDER, Bar No. 206537 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone [phone] Fax [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT

8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

THE BOARD OF TRUSTEES OF THE ) CARPENTERS PENSION TRUST FUND FOR ) NORTHERN CALIFORNIA, ) ) Plaintiffs, ) ) v. ) ) FINER FLOOR COVERINGS, INC., a ) California Corporation, ) ) ) Defendant. ) ) ) FINER FLOOR COVERINGS, INC., a ) California Corporation, ) ) Third-Party Plaintiff, ) ) v. ) ) SEDLACEK INC., a California Corporation, ) dba FINER FLOORS, ) ) Third-Party Defendant ) ) ) ) )

No. CV 10-3300 JL STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER

///

Stipulation to Continue Mediation Deadline; [Proposed] Order Case No. CV 10-3300
Dockets.Justia.com

Case3:10-cv-03300-JL Document20

Filed03/04/11 Page2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Plaintiffs and Defendant/Third-Party Plaintiff, by and through their counsel, hereby stipulate and respectfully request that the Court so order that the deadline for mediation in the above-entitled action be extended to May 9, 2011. The current deadline to complete mediation is March 7, 2011. As set forth in the Stipulation to Continue the Mediation Deadline filed on January 5, 2011, Plaintiffs and Defendants believe that in the interest of judicial economy, it would be helpful for Third-Party Defendant Sedlacek, Inc. ("Sedlacek") to participate in the mediation session. However, Defendant's principals, Defendant's Counsel and the Mediator have attempted to contact Sedlacek to participate in the mediation, but to no avail. While the Parties believe that having Sedlacek participate in the mediation would be helpful, Plaintiffs and Defendant are prepared to proceed with mediation without Sedlacek, but will not be able to schedule the mediation before the March 7th deadline. Additionally, Defendant/Third-Party Defendant will be seeking a request for entry of default against Sedlacek. The additional time, if granted, will allow Plaintiffs and Defendants the opportunity to participate in the mediation session. Accordingly, Plaintiffs and Defendant/Third-Party Plaintiff respectfully request that the Court extend the deadline to complete mediation to May 9, 2011.

Dated: March 3, 2011 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ Ezekiel Carder EZEKIEL D. CARDER Attorneys for Plaintiffs

Dated: March 3, 2011 CAMPEAU GOODSELL SMITH By: /s/ Kari Silva KARI SILVA Attorneys for Defendant

26 27 28
WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

-2Stipulation to Continue Mediation Deadline; [Proposed] Order Case No. CV 10-3300

Case3:10-cv-03300-JL Document20

Filed03/04/11 Page3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

[PROPOSED] ORDER The Court approves the terms of the above Stipulation and the Parties are ordered to comply with this Order. In addition the Court orders:

March 8, 2011 Dated:

_________________________________________ HONORABLE JAMES LARSON UNITED STATES MAGISTRATE JUDGE

124380/611000

-3Stipulation to Continue Mediation Deadline; [Proposed] Order Case No. CV 10-3300

Case3:10-cv-03300-JL Document20-1

Filed03/04/11 Page1 of 1