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

Filing 28

AMENDED ORDER CORRECTING DATE OF CONTINUED CASE MANAGEMENT CONFERENCE.. Signed by Magistrate Judge Maria-Elena James on 10/1/2012. (rmm2S, COURT STAFF) (Filed on 10/1/2012)

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
AMENDED
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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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

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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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13.

14.

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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

SALTZMAN & JOHNSON LAW CORPORATION

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By: ___________/S/__________________________
Kimberly A. Hancock
Attorneys for Plaintiffs

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Dated September 24, 2012

LAW OFFICES OF A. J. NORTON

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By: ___________/S/__________________________
Aura J. Norton, III
Attorneys for Defendant

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12 IT IS SO ORDERED.
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AMENDED ORDER

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
December 6, 2012
15 _________________ at 10:00 a.m. , Courtroom B.
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17 Date: _______________________
October 1, 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