Bensi et al v. Litke Properties, Inc

Filing 16

STIPULATION AND ORDER RESETTING CMC re 15 Stipulation, filed by Stationary Engineers Local 39 Health and Welfare Trust Fund, Lyle Setter, Jerry Kalmar, Bart Florence, Stationary Engineers Local 39 Annuity Trust Fund, Paul Bensi Case Management Statement due by 2/17/2012. Case Management Conference set for 2/24/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/13/11. (bpf, COURT STAFF) (Filed on 12/13/2011)

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WILLIAM A. SOKOL, Bar No. 072740
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]

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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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PAUL BENSI, BART FLORENCE, JERRY
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KALMAR, and LYLE SETTER, in their
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capacities as Trustees of the STATIONARY
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ENGINEERS LOCAL 39 PENSION TRUST )
FUND; STATIONARY ENGINEERS LOCAL )
39 HEALTH AND WELFARE TRUST FUND; )
and STATIONARY ENGINEERS LOCAL 39 )
ANNUITY TRUST FUND,
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Plaintiffs,
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v.
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LITKE PROPERTIES, INC., a California
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Corporation,
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Defendant.
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No.

C 11-03875 EMC

STIPULATED REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE AND RELATED
DEADLINES; [PROPOSED] ORDER

Pursuant to Civil Local Rules 7-12 and 16-2, Plaintiffs and Defendant hereby respectfully

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request that the Initial Case Management Conference scheduled for December 20, 2011 at 9:00

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a.m. and related deadlines be continued for sixty (60) days to allow the Parties additional time to

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continue their discussions regarding a possible resolution of this action without the necessity of

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further litigation, time and expense.

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Plaintiffs and Defendant have been engaged in informal discussions and are requesting a
continuance of the Case Management Conference and related deadlines to allow the Parties

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

Stipulated Request to Continue Case Management Conference and Related Deadlines; [Proposed] Order
(Case No. 11-03875 EMC)

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additional time for the Defendant to provide Plaintiffs with the documents necessary for Plaintiffs’

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auditors to complete the audit sought in the Complaint. The Parties have not requested a prior

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continuance of the Case Management Conference and related deadlines.

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The Parties expect that the requested extension of the date for the Initial Case Management

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Conference will have no adverse effect on the schedule for the case. No trial date or other

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deadlines have yet been set. The requested extension may facilitate the resolution of the action.

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The continuance of the Case Management Conference would promote judicial efficiency as

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Defendant has agreed to provide the documents necessary for Plaintiffs’ auditors to complete the

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audit sought in the Complaint.

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Dated: December 12, 2011
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By: /s/ Ezekiel D. Carder
WILLIAM A. SOKOL
LINDA BALDWIN JONES
EZEKIEL D. CARDER
Attorneys for Plaintiffs

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Dated: December 12, 2011
ABRAHAM LAW OFFICES
By: /s/ A.K. Abraham
A.K. ABRAHAM
Attorneys for Defendant

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

-2Stipulated Request to Continue Case Management Conference and Related Deadlines; [Proposed] Order
(Case No. 11-03875 EMC)

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[PROPOSED] ORDER
Based upon the foregoing Stipulated Request to Continue Case Management Conference

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and Related Deadlines, the Court orders the continuance of the Initial Case Management

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Conference and related deadlines for sixty (60) days, or as soon thereafter as a court date is

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available. In addition, the Court Orders:

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Dated: December ___, 2011

S
UNIT
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S DISTRICT
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dwar
Judge E

128627/647657

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_________________________________________
D
R ERE
HONORABLE EDWARD M.D
IS SO O CHEN
IT
UNITED STATES DISTRICT COURT JUDGE

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CMC is reset for 2/24/12 at 9:00 a.m. Joint CMC
statement is due 2/17/12.

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F
D IS T IC T O
R

C

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

-3Stipulated Request to Continue Case Management Conference and Related Deadlines; [Proposed] Order
(Case No. 11-03875 EMC)

CERTIFICATE OF SERVICE

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I am a citizen of the United States and an employee in the County of Alameda, State of
California. I am over the age of eighteen years and not a party to the within action; my business
address is 1001 Marina Village Parkway, Suite 200, Alameda, California 94501-1091. On
December 12, 2011, I served upon the following parties in this action:

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A.K. Abraham
Abraham Law Offices
1056 Windjammer Circle
Foster City, CA 94404-3057

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copies of the document(s) described as:
STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT
CONFERENCE AND RELATED DEADLINES; [PROPOSED] ORDER

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[X]

BY MAIL I placed a true copy of each document listed herein in a sealed envelope,
addressed as indicated herein, and caused each such envelope, with postage thereon fully
prepaid, to be placed in the United States mail at Alameda, California. I am readily familiar
with the practice of Weinberg, Roger & Rosenfeld for collection and processing of
correspondence for mailing, said practice being that in the ordinary course of business, mail
is deposited in the United States Postal Service the same day as it is placed for collection.

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BY OVERNIGHT DELIVERY SERVICE I placed a true copy of each document listed
herein in a sealed envelope, addressed as indicated herein, and placed the same for
collection by Overnight Delivery Service by following the ordinary business practices of
Weinberg, Roger & Rosenfeld, Alameda, California. I am readily familiar with the practice
of Weinberg, Roger & Rosenfeld for collection and processing of Overnight Delivery
Service correspondence, said practice being that in the ordinary course of business,
Overnight Delivery Service correspondence is deposited at the Overnight Delivery Service
offices for next day delivery the same day as Overnight Delivery Service correspondence is
placed for collection.

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BY FACSIMILE I caused to be transmitted each document listed herein via the fax
number(s) listed above or on the attached service list.

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I certify under penalty of perjury that the above is true and correct. Executed at Alameda,
California, on December 12, 2011.
/s/ Joanna Son
Joanna Son

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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 Continue Case Management Conference and Related Deadlines; [Proposed] Order
(Case No. 11-03875 EMC)