Automotive Industries Pension Trust Fund et al v. Hustead's Inc. et al

Filing 24

STIPULATION AND ORDER RESETTING CMC FROM 9/18/12 TO 11/30/12 re 23 STIPULATION WITH PROPOSED ORDER Notice of Intent to Settle; [Proposed] Order Thereon filed by Stephen J. Mack, Automotive Industries Pension Trust Fund, Chris Christoph ersen, James H. Beno, Jon Roselle, Doug Cornford, James V. Canterbury, Mark Hollibush, Bill Brunelli, Don Crosatto Case Management Statement due by 11/23/2012. Further Case Management Conference set for 11/30/2012 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/13/12. (bpf, COURT STAFF) (Filed on 9/13/2012)

1 PHILIP M. MILLER (SBN 87877)
[e-mail]
2 ANNE BEVINGTON (SBN 111320)
[e-mail]
3 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
4 San Francisco, CA 94104
[phone]
5 [phone] – Facsimile
6 Attorneys for Plaintiffs
7 Robert A. Huddleston (SBN 83662)
[e-mail]
8 Jeffrey J. Mann (SBN 253440)
[e-mail]
9 HUDDLESTON & SIPOS LAW GROUP LLP
1676 N. California Boulevard, Suite 550
10 Walnut Creek, CA 94596
[phone]
11 [phone] – Facsimile
12 Attorneys for Defendants
13

UNITED STATES DISTRICT COURT

14

FOR THE NORTHERN DISTRICT OF CALIFORNIA

15

(SAN FRANCISCO DIVISION)

16 AUTOMOTIVE INDUSTRIES PENSION
TRUST FUND, JAMES H. BENO, Trustee,
17 BILL BRUNELLI, Trustee, STEPHEN J.
MACK, Trustee, CHRIS CHRISTOPHERSEN,
18 Trustee, DON CROSATTO, Trustee, MARK
HOLLIBUSH, Trustee, JON ROSELLE,
19 Trustee, DOUG CORNFORD, Trustee, and
JAMES V. CANTERBURY, Trustee,
20
Plaintiffs,
21 v.
22 HUSTEAD’S, INC., a California corporation;
JOE F. RUDD, individually and as Trustee of
23 the Rudd Family Trust; MARY E. RUDD,
individually and as Trustee of the Rudd Family
24
Trust; GALE V. LARKS, an individual;
25 CAROL A. LARKS, an individual; and DOES
1 through 10,
26
Defendants.
27

Case No.: CV 12-1518 EMC
JOINT NOTICE OF INTENT TO
SETTLE; [PROPOSED] ORDER
THEREON
Date:
Time:
Courtroom:

September 18, 2012
10:30 a.m.
5, Seventeenth Floor
Honorable Edward M. Chen

28
-1JOINT NOTICE OF INTENT TO SETTLE; [PROPOSED] ORDER THEREON
Case No.: CV 12-1518 EMC
P:\CLIENTS\AUTPF\W\CASES\Hustead's Auto Service\PLEADINGS\CMC\Notice of Intent to Settle 091112.DOC

Counsel for Plaintiffs, Automotive Industries Pension Trust Fund and its Board of Trustees

1

2 (collectively, “Plaintiffs”) and Defendants, Hustead’s, Inc., a California corporation; Joe F. Rudd,
3 individually and as Trustee of the Rudd Family Trust; Mary E. Rudd, individually and as Trustee
4 of the Rudd Family Trust; Gale V. Larks, an individual; and Carol A. Larks, an individual
5 (collectively, “Defendants”), together file this Joint Notice of Intent to Settlement and [Proposed]
6 Order.
1.

7

On August 29, 2012, the plaintiffs and defendants participated in a mediation

8 session wherein the case settled.
2.

9

The parties are under an obligation to file with the Court on September 11, 2012 a

10 Case Management Statement and to participate in a Case Management Conference currently
11 calendared for September 18, 2012 at 10:30 a.m.
3.

12

Counsel for each party represents that the parties have reached a settlement that is

13 subject to a formal written agreement to be prepared.
4.

14

As counsel and the parties work to consummate the final settlement, they believe

15 that there should be no need for them to file a Joint Case Management Statement because they
16 each now believe that the final settlement can be fully consummated.
5.

17

The parties respectfully request that the Court continue the Case Management

18 Conference for sixty (60) days so that the Court does not lose track of this action, and the parties
19

now so request that continuance from the Court in light of the tended settlement referenced above.

20

IT IS SO STIPULATED.

21
22 Dated: September 11, 2012.

SALTZMAN & JOHNSON LAW CORPORATION

23
By: ___/S/ Anne M. Bevington _______
Anne M. Bevington
Attorneys for Plaintiffs

24
25
26 ///
27 ///
28

-2JOINT NOTICE OF INTENT TO SETTLE; [PROPOSED] ORDER THEREON
Case No.: CV 12-1518 EMC
P:\CLIENTS\AUTPF\W\CASES\Hustead's Auto Service\PLEADINGS\CMC\Notice of Intent to Settle 091112.DOC

1 I, Anne M. Bevington, hereby attest, pursuant to N.D. Cal. General Order No. 45, that the
concurrence to the filing of this document has been obtained from each signatory hereto.
2
3 Dated: September 11, 2012.

HUDDLESTON & SIPOS LAW GROUP LLP

4
By: ___/S/ Jeffrey J. Mann___________
Jeffrey J. Mann
Attorneys for Defendant

5
6
7

ORDER

8

9 PURSUANT TO STIPULATION OF THE PARTIES, AND THEIR RESPECTIVE
10 COUNSEL, IT IS HEREBY ORDERED.
11

1.

Based upon the intended settlement of this action, the parties and their counsel are

12 relieved of the obligation to file with the Court on September 11, 2012 a Case Management
13 Statement.
14

2.

In order for the Court to keep track of this action, the Case Management

15 Conference currently calendared for September 18, 2012 at 10:30 a.m. is continued to
November 30, 2012
16 _________________ at 10:30 a.m.
17

3.

In the event this action is not fully settled, the parties and their counsel are directed

Nov. 23
18 to file a Joint Case Management Statement with the Court by ________________, 2012.

S

ER

26

R NIA
FO

dwa
Judge E

H

25

RT

24

hen

rd M. C

NO

23

O
IT IS S
DIFIED
AS MO

LI

22

HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT JUDGEERED
ORD

A

21

RT
U
O

20

S DISTRICT
TE
C
September 13, 2012
TA
Date: ____________________
_________________________________________________

UNIT
ED

19

N

F
D IS T IC T O
R

C

27
28
-3JOINT NOTICE OF INTENT TO SETTLE; [PROPOSED] ORDER THEREON
Case No.: CV 12-1518 EMC
P:\CLIENTS\AUTPF\W\CASES\Hustead's Auto Service\PLEADINGS\CMC\Notice of Intent to Settle 091112.DOC