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)

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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 (415) 882-7900 4 (415) 882-9287 – Facsimile 5 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

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