Mucklow et al v. Amaral & Sons, Inc.

Filing 29

STIPULATION AND ORDER re 27 Ex Parte Request to Continue Case Management Conference filed by Rosemary Mucklow, Mike Fursman. Case Management Statement due by 7/24/2012. Case Management Conference set for 7/31/2012 10:00 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D Laporte on 5/31/2012. (kns, COURT STAFF) (Filed on 6/4/2012)

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LINDA BALDWIN JONES, Bar No. 178922
KRISTINA M. ZINNEN, Bar No. 245346
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]

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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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ROSEMARY MUCKLOW; MIKE
FURSMAN, in their capacities as Trustees of
the NORTHERN CALIFORNIA UFCW
WHOLESALE HEALTH & WELFARE
FUND,

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Plaintiffs,
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v.
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AMARAL & SONS, INC., a California
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Corporation; MARVIN R. AMARAL,
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individually; MARVIN R. AMARAL, as
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shareholder of dissolved corporation AMARAL )
& SONS, INC.,
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Defendants.
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No.

C 11-2420 EDL

EX PARTE REQUEST TO CONTINUE
CASE MANAGEMENT
CONFERENCE
ORDER

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the Case Management
Conference scheduled for June 5, 2012 at 4:15 p.m. be continued for 60 days.
Plaintiffs filed their First Amended Complaint for Breach of Contract, Damages, and
Audit on March 23, 2012. Plaintiffs served Defendants with the First Amended Complaint via
substituted service on March 29, 2012, for which proof of service with summons was filed with
the Court on April 6, 2012.
The parties are currently engaged in informal settlement discussions and are likely to
resolve the matter without further litigation. To allow time for these discussions, Plaintiffs
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EX PARTE REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No. C 11-2420 EDL

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respectfully request a 60-day continuance of the Case Management Conference with an extension

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of time for Defendants to answer. Plaintiffs anticipate that this 60-day period would give the

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parties an opportunity to settle this matter. If a settlement is not reached, Plaintiffs will proceed

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with the litigation.

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The above stated facts are set forth in the accompanying declaration of Kristina M. Zinnen

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in Support of Ex Parte Application to Continue Case Management Conference, filed herewith.

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Dated: May 31, 2012

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WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

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

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[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Based upon the foregoing Ex Parte Request to Continue Case Management Conference,

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the Court orders the continuance of the case management conference for 60 days, or as soon

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thereafter as a court date is available. In addition, the Court Orders:

10 July 31, 2012 at 10:00 a.m.

AS MO

beth D
ge Eliza

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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Jud

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e

. Laport

R NIA

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The Honorable Elizabeth D.ER
SO OR Laporte
IT I DistrictDIFIEJudge
United StatesS
Court D

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Dated: May 31, 2012

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EX PARTE REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No. C 11-2420 EDL

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