Service Employees International Union National Industry Pension Fund et al v. U.S. Metro Group, Inc.

Filing 27

ORDER by Chief Magistrate Judge Maria-Elena James granting 26 Stipulation to continue Case Management Conference. (rmm2S, COURT STAFF) (Filed on 9/24/2012)

1 PHILIP M. MILLER (SBN 87877)
KIMBERLY A. HANCOCK (SBN 205567)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

9 SERVICE EMPLOYEES INTERNATIONAL
UNION NATIONAL INDUSTRY PENSION
10 FUND; STEPHEN ABRECHT, Trustee;
RODERICK S. BASHIR, Trustee; KEVIN J.
11
DOYLE, Trustee; DAVID A. STILWELL,
12 Trustee; STEVEN W. FORD, Trustee; LARRY
T. SMITH, Trustee; FRANK A. MAXSON,
13 Trustee; EDWARD MANKO, Trustee; JOHN J.
SHERIDAN, Trustee; and MYRIAM
14 ESCAMILLA, Trustee,
Plaintiffs,
15 vs.

CASE NO.: CV 11-05711 MEJ
STIPULATION FOR CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE AND [PROPOSED]
ORDER
Date:
Time:
Judge:

16 U.S. METRO GROUP, INC., a California
corporation,
17
Defendant.

Thursday, October 4, 2012
10:00 a.m.
Chief Magistrate Judge
Maria-Elena James
Courtroom B. 15th Floor
450 Golden Gate Ave.
San Francisco, CA

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IT IS HEREBY STIPULATED by and between the parties hereto as follows:

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1.

The Complaint in this matter was filed on November 29, 2011, for Defendant’s

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failure to pay employee pension contributions owing to Plaintiff Service Employees

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International Union National Industry Pension Fund. (Dkt. No. 1).

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2.

On February 15, 2012, Defendant U.S. Metro Group, Inc. executed a Waiver of the

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Service of Summons. On February 23, 2012, the executed Waiver of Service of

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Summons was filed with the Court. (Dkt. No. 4). Pursuant to the filed Waiver of

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Service of Summons, Defendant’s response to the Complaint was due by April 16,

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2012.

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STIPULATION FOR CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER; CASE NO. C 11-5711 MEJ

P:\CLIENTS\SEIUN\COLLECTIONS\CASES\U.S. METRO GROUP, INC\PLEADINGS\Case Management Conference\092412 Stipulation to Continue CMC FINAL.doc

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3.

Management Conference to allow the parties to settle the matter (Dkt. No. 7).

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On March 5, 2012, the Plaintiffs filed a Request for Continuance of Case

4.

On March 6, 2012, the Court ordered the initial Case Management Conference
continued for 60 days to May 24, 2012. (Dkt No. 9).

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5.

On March 6, 2012, the Defendant filed its Answer to the Complaint. (Dkt. No. 11).

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6.

On April 30, 2012, the parties filed a Stipulation to ADR, selecting the mediation
process, to occur within 90 days of the Court’s order. (Dkt. No. 15).

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(by July 30, 2012). (Dkt No. 16).

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On April 30, 2012, the Court entered its Order for Mediation to occur within 90 days

8.

On May 11, 2011, the Plaintiffs filed a Stipulation for Continuance of the Case

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Management Conference to allow the parties to allow Plaintiffs to complete an audit

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of Defendant’s payroll records for the period of the contribution delinquencies, from

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2005 through the present. (Dkt. No. 17).

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9.

continued to August 2, 2012. (Dkt. No. 18).

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10.

11.

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On September 21, 2012, the parties requested that the court Extend the
Mediation Deadline until November 30, 2012.

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On June 26, 2012, the parties were notified that Mediation had been set for August
21, 2012.

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On June 25, 2012, the Court granted the Motion to Extend the Mediation Deadline
to September 27, 2012. (Dkt. No. 21).

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On June 25, 2012, by agreement with the Mediator, the Plaintiffs filed a Motion to
Extend the Mediation Deadline. (Dkt. No. 20).

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On May 22, 2012, the ADR Clerk notified the parties that R. Bradford Huss had
been appointed Mediator. (Dkt. No. 19).

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On May 11, 2012, the Court ordered the initial Case Management Conference

15.

On September 24, 2012, the court granted the motion to Extend the
Mediation Deadline to November 30, 2012.
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STIPULATION FOR CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER; CASE NO. C 11-5711 MEJ

P:\CLIENTS\SEIUN\COLLECTIONS\CASES\U.S. METRO GROUP, INC\PLEADINGS\Case Management Conference\092412 Stipulation to Continue CMC FINAL.doc

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The parties therefore respectfully request that, in order to minimize costs and fees in this

2 action, to allow settlement of this matter, and in the interest of judicial economy, the initial Case
3 Management Conference be continued for a period of at least sixty (60) days.
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Dated: September 24, 2012

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SALTZMAN & JOHNSON LAW CORPORATION
By: ___________/S/__________________________
Kimberly A. Hancock
Attorneys for Plaintiffs

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Dated September 24, 2012

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LAW OFFICES OF A. J. NORTON
By: ___________/S/__________________________
Aura J. Norton, III
Attorneys for Defendant

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12 IT IS SO ORDERED.
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Based on the foregoing, and for GOOD CAUSE appearing, the Case Management

14 Conference currently set for Thursday, October 4, 2012 at 10:00 a.m. is hereby continued to
15 _________________ at 10:00 a.m.
December 4, 2012
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17 Date: _______________________
September 24, 2012
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_________________________________________
The Honorable Maria-Elena James
Chief Magistrate Judge
United States District Court

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STIPULATION FOR CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER; CASE NO. C 11-5711 MEJ

P:\CLIENTS\SEIUN\COLLECTIONS\CASES\U.S. METRO GROUP, INC\PLEADINGS\Case Management Conference\092412 Stipulation to Continue CMC FINAL.doc

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DECLARATION OF KIMBERLY A. HANCOCK

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Pursuant to ECF General Order 45, I, Kimberly a. Hancock, declare as follows:

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1.

The signatory listed above, Aura J. Norton, III, of the Law Offices of A. J. Norton,

4 is the attorney of record for defendants;
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2.

Concurrent with the e-filing of the within Stipulation for Continuance of Case

6 Management Conference and [Proposed] Order, authority was obtained from Aura J. Norton, III in
7 lieu of his signature on the Statement;
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3.

The Law Offices of Saltzman & Johnson maintains a record to support this

9 concurrence for subsequent production for the court if so ordered for inspection upon request by a
10 party until one year after final resolution of the within action, including appeal, if any.
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I declare under penalty of perjury that the foregoing is true and correct and that this

12 declaration was signed this 24th day of September, 2012, in San Francisco, California.
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_________/S/_____________________
Kimberly A. Hancock

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STIPULATION FOR CONTINUANCE OF
CASE MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER; CASE NO. C 11-5711 MEJ

P:\CLIENTS\SEIUN\COLLECTIONS\CASES\U.S. METRO GROUP, INC\PLEADINGS\Case Management Conference\092412 Stipulation to Continue CMC FINAL.doc