Pension Plan for Pension Trust Fund for Operating Engineers et al v. Dynamic Consultants, Inc. et al

Filing 13

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND RELATED INITIAL DISCLOSURE DEADLINES. Case Management Statement due by 6/14/2012. Initial Case Management Conference set for 6/21/2012 03:00 PM in Courtroom 8, 19th Floor, San Francisco. Signed by Judge William Alsup on 4/30/2012. (whasec, COURT STAFF) (Filed on 4/30/2012)

1 RICHARD C. JOHNSON (SBN 40881)
SHAAMINI A. BABU (SBN 230704)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS; F.G.
11 CROSTHWAITE and RUSSELL E. BURNS,
as Trustees,
12

Case No.: CV 12-0487 WHA
STIPULATION TO EXTEND
DEADLINES; AND [PROPOSED]
ORDER

Plaintiffs,

13

Complaint Filed:
1/31/12
Judge: Honorable William H. Alsup

14 vs.
15 DYNAMIC CONSULTANTS, INC., a
California corporation; ANACON TESTING
16 LABORATORIES, INC., a California
corporation; and DOES 1-20,
17
Defendants.
18
19

Pursuant to FED. R. CIV. P. RULE 6(b) and CIV. L.R. 6.1, Plaintiffs Pension Plan for

20 Pension Trust Fund for Operating Engineers, F.G. Crosthwaite, and Russell E. Burns
21 (“Plaintiffs”), and Defendants Dynamic Consultants, Inc. and Anacon Testing Laboratories, Inc.
22 (“Defendants”) hereby stipulate as follows:
23

1.

The instant action arises under the Employee Retirement Income Security Act of

24 1974, as amended (“ERISA”), 29 U.S.C. § 1001 et seq. Plaintiffs are seeking, among other things,
25 money damages, liquidated damages, injunctive relief, and attorneys’ fees and costs.
26

2.

On March 19, 2012, the parties stipulated that Defendants shall have an extension

27 of time up through and including April 4, 2012, to respond to the Complaint. Docket No. 9.
28

-1STIPULATION AND [PROPOSED ORDER]
P:\CLIENTS\OE3WL\CASES\Dynamic Consultants, Inc\Complaint\Stip re Response Dates 042612.doc

CV 12-0487 WHA

1

3.

On March 21, 2012, the court issued an order providing Defendants with an

2 extension until April 4, 2012, to respond to the Complaint pursuant to the parties’ stipulation.
3 Docket No. 10.
4

4.

Defendants have produced various financial records that Plaintiffs have evaluated.

5 Defendants intend to produce additional financial records and will order copies of tax records for
6 Defendant Anacon Testing Laboratories, Inc. from Internal Revenue Services that are otherwise
7 unavailable. The financial records are necessary for the Plaintiffs to ascertain the financial status
8 and assets of Defendants so that the parties can attempt to negotiate a settlement.
9

5.

Based on the foregoing, the parties hereby stipulate to the extension of deadlines

10 and respectfully request the Court to extend the deadlines as follows:
11

Prior Date

New Date

Event

12

4/26/11

6/7/12

Last day to:
• meet and confer re initial disclosures,
early settlement, ADR process
selection, and discovery plan
• file ADR Certification signed by parties
and counsel
• file either Stipulation to ADR Process
or Notice of Need for ADR Phone
Conference

13

(Dkt # 2)

14
15
16
17
18

5/10/12

19

(Dkt #2)

20
21
22

6/21/12

Governing Rule
F.R.Civ.P. 26(f)
ADR L.R. 3.5
L.R.3-5

Civil L.R. 16-8 (b)
ADR L.R. 3-5(b)
Civil L.R. 16-8 (c)
ADR L.R. 3-5(b)-(c)

Last day to file Rule 26(f) Report, complete F.R.Civ.P. 26(a) (1)
initial disclosures or state objection in Rule Civil L.R . 16-9
26(f) Report and file Case Management
Statement per Standing Order re Contents of
Joint Case Management Statement

5/17/12
6/28/12
Initial Case Management Conference
at 11:00 am at 11:00 am

Civil L.R . 16-10

23
24
25

(Dkt #2)
7.

The parties believe that an extension of the deadlines promotes judicial economy

26 and will help effectuate a just, speedy, and inexpensive determination of this action. See FED. R.
27 CIV. P. 1.
28

-2STIPULATION AND [PROPOSED ORDER]
P:\CLIENTS\OE3WL\CASES\Dynamic Consultants, Inc\Complaint\Stip re Response Dates 042612.doc

CV 12-0487 WHA

1
2 Dated: April 27, 2012

SALTZMAN & JOHNSON LAW CORPORATION

3
4

By:

/s/
Shaamini A. Babu
Counsel for Plaintiffs

By:

/s/
Michelle K. Craig
Defendants Dynamic Consultants and
Anacon Testing Laboratories, Inc.

5
6

Dated: April 27, 2012

7
8
9
10
11
ORDER

12
13

Based on the foregoing Stipulation of the parties, the deadlines in this action are extended

14 as specified in the above Stipulation.
THERE WILL BE NO FURTHER CONTINUANCES.
15
16

S

ER

H

23

R NIA

Judge W

FO

RT

22

p

lsu
illiam A

NO

21

LI

20

D
RDERE
IS SO O FIED
IT
DI
AS MO

A

19

_______________________________________
DISTRI
WILLIAM TES
H. ALSUP CT C
TA
United States District Judge
RT
U
O

18

April 30, 2012.
Dated: ___________________

UNIT
ED

17

N

F
D IS T IC T O
R

C

24
25
26
27
28

-3STIPULATION AND [PROPOSED ORDER]
P:\CLIENTS\OE3WL\CASES\Dynamic Consultants, Inc\Complaint\Stip re Response Dates 042612.doc

CV 12-0487 WHA