Pension Trust Fund for Operating Engineers et al v. Tractor Equipment Sales et al
Filing
78
ORDER granting 77 STIPULATION AND JOINT REQUEST TO CONTINUE PRETRIAL CONFERENCE AND TRIAL. Pretrial Conference and jury trial are VACATED. Signed by Judge William H. Orrick on 10/10/2014. (jmdS, COURT STAFF) (Filed on 10/10/2014)
1 PHILIP M. MILLER (SBN 87877)
pmiller@sjlawcorp.com
2 ANNE M. BEVINGTON (SBN 111320)
abevington@sjlawcorp.com
3 KIMBERLY A. HANCOCK (SBN 205567)
khancock@sjlawcorp.com
4 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
5 San Francisco, CA 94104
(415) 882-7900
6 (415) 882-9287 – Facsimile
7 Attorneys for Plaintiffs
8 JOHN P. BOGGS (SBN 172578)
jboggs@employerlawyers.com
9 IAN G. ROBERTSON (SBN 283151)
FINE, BOGGS & PERKINS LLP
10 80 Stone Pine Road, Suite 210
11 Half Moon Bay, CA 94019
(650) 712-8908
12 (650) 712-1712 – Facsimile
13 Attorney for Defendants
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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
16 PENSION TRUST FUND FOR OPERATING
ENGINEERS, et al.,
17
Plaintiffs,
18 vs.
CASE NO. CV 12-1056 WHO
19 TRACTOR EQUIPMENT SALES, INC., a
California corporation, et al.,
20
Defendants.
21
STIPULATION AND JOINT REQUEST
TO CONTINUE PRETRIAL
CONFERENCE AND TRIAL PENDING
RULING ON DISPOSITIVE MOTIONS;
ORDER THEREON
22 AUTOMOTIVE INDUSTRIES PENSION
TRUST FUND, et al.,
23
Plaintiffs,
24 v.
Trial Date:
RELATED TO
CASE NO. CV 13-3703 WHO
November 19, 2014
25 TRACTOR EQUIPMENT SALES, INC., a
California corporation, et al.,
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27
28
Defendants.
-1STIP AND JOINT REQUEST TO CONTINUE TRIAL; ORDER
RELATED CASE NOS. CV 12-1056 AND 13-3703 WHO
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On September 3, 2014, the Court heard the parties’ cross-motions for summary judgment in
2 these related cases. The motions are pending before the Court. The current schedule for the case
3 requires the parties to make their pretrial submissions by October 20, 2014, 14 days in advance of
4 the pretrial conference scheduled for November 3, 2014, with a bench trial to follow on November
5 19, 2014. The existing dates of the pretrial conference and trial were set in the Court’s Civil Pretrial
6 Order entered on November 14, 2013 (Dkt. No. 54 in Case No. 12-cv-1056 and Dkt. No. 19 in
7 Case No. 13-cv-3703) and have not previously been continued.
8
Because the parties expect that the Court’s rulings on the pending motions will likely
9 narrow the issues for trial if it does not dispose of the cases altogether, the parties have conferred
10 and agreed to request that the Court continue the dates of the pretrial conference and the trial for 90
11 days, or for such other period as the Court deems appropriate. The requested continuance would
12 permit the parties to prepare for trial on the issues, if any, remaining to be tried after the motions
13 are decided, rather than preparing for trial on all issues unnecessarily, and to estimate reliably the
14 time that will be needed for trial.
15
The parties propose the following new dates:
16
February 16, 2015 at 2:00 p.m. – Pretrial conference
17
March 4, 2015 at 8:00 a.m. – Bench trial
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Respectfully submitted,
Date: October 9, 2014
SALTZMAN & JOHNSON LAW CORPORATION
20
By:
21
22
23 Date: October 9, 2014
/S/ Anne M. Bevington
ANNE M. BEVINGTON
Attorneys for Plaintiffs
FINE, BOGGS & PERKINS LLP
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By:
25
26
/S/ John P. Boggs
JOHN P. BOGGS
Attorneys for Defendants
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-2STIP AND JOINT REQUEST TO CONTINUE TRIAL; ORDER
RELATED CASE NOS. CV 12-1056 AND 13-3703 WHO
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2
CERTIFICATION RE SIGNATURES
I attest that concurrence in the filing of this document has been obtained from the other
3 signatory.
4 Dated: October 9, 2014
__/S/
5
Anne M. Bevington________________________
Anne M. Bevington
6
ORDER
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Pursuant to the foregoing Stipulation, and good cause appearing, the Court VACATES the
pretrial conference and trial. They will be reset in the event the pending motions do not resolve
the case.
IT IS SO ORDERED.
12
13 Date: October 10, 2014
14
_________________________________________________
HON. WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE
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-3STIP AND JOINT REQUEST TO CONTINUE TRIAL; ORDER
RELATED CASE NOS. CV 12-1056 AND 13-3703 WHO
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