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)

Download PDF
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 14 UNITED STATES DISTRICT COURT 15 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., 26 27 28 Defendants. -1STIP AND JOINT REQUEST TO CONTINUE TRIAL; ORDER RELATED CASE NOS. CV 12-1056 AND 13-3703 WHO \\candsf\data\Users\WHOALL\_CV\2013\2013_03703_Automotive_Industries_Pension_Trust_Fund_v_Tractor_Equipment_Sales_Inc\13-cv-03703-WHOProposed_Order_to_Continue_Pretrial_and_Trial.docx 1 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 18 19 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 24 By: 25 26 /S/ John P. Boggs JOHN P. BOGGS Attorneys for Defendants 27 28 -2STIP AND JOINT REQUEST TO CONTINUE TRIAL; ORDER RELATED CASE NOS. CV 12-1056 AND 13-3703 WHO \\candsf\data\Users\WHOALL\_CV\2013\2013_03703_Automotive_Industries_Pension_Trust_Fund_v_Tractor_Equipment_Sales_Inc\13-cv-03703-WHOProposed_Order_to_Continue_Pretrial_and_Trial.docx 1 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 7 8 9 10 11 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIP AND JOINT REQUEST TO CONTINUE TRIAL; ORDER RELATED CASE NOS. CV 12-1056 AND 13-3703 WHO \\candsf\data\Users\WHOALL\_CV\2013\2013_03703_Automotive_Industries_Pension_Trust_Fund_v_Tractor_Equipment_Sales_Inc\13-cv-03703-WHOProposed_Order_to_Continue_Pretrial_and_Trial.docx

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?