Automotive Industries Pension Trust Fund et al v. Barber Auto Sales, Inc. et al

Filing 36

ORDER: Further Case Management Conference set for 7/12/13 is continued to 8/16/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 6/28/13., Motions terminated: 35 STIPULATION WITH PROPOSED ORDER < i>Notice of Conditional Settlement and Stipulated Request to Continue Case Management Conference; [Proposed] Order filed by Automotive Industries Pension Trust Fund, Stephen J. Mack, Trustee, James H. Beno, Trustee, Mark Hollibush, Trustee, Jon Roselle, Trustee, Bill Brunelli, Trustee, James V. Canterbury, Trustee, Chris Christophersen, Trustee, Don Crosatto, Trustee, Douglas Cornford, Trustee.(tfS, COURT STAFF) (Filed on 7/2/2013)

1 PHILIP M. MILLER (SBN 87877)
[e-mail]
2 KIMBERLY A. HANCOCK (SBN 205567)
[e-mail]
3 JULIE A. RICHARDSON (SBN 215202)
[e-mail]
4 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
5 San Francisco, CA 94104
[phone]
6 [phone] – Facsimile
7 Attorneys for Plaintiffs
8 WILLIAM F. MARTSON, JR. (OSB 721634)
RYAN M. BLEDSOE (OSB 073296)
9 [e-mail]
10 TONKON TORP LLP
1600 Pioneer Tower | 888 S.W. Fifth Avenue
11 Portland, Oregon 97204
[phone]
12 [phone] - Facsimile
13 Attorneys for Defendants: Barber Auto Sales, Inc.,
Ron Barber Enterprises, Inc., RLB, Inc., White Auto Sales, Inc.,
14 Thomason Auto Group, LLC, Thomason Autogroup, Inc.,
Thomason Ford of Fairfield, Inc., Imports, LLC, T19490, LLC,
15 Autolot, LLC, SLT/Tag, Inc., SLTW, Inc.,
SLT Auto Group, Inc., and Scott L. Thomason
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ROBERT F. SCHWARTZ (SBN 227327)
17 [e-mail]
TRUCKER HUSS
18 A Professional Corporation
One Embarcadero Center, 12th Floor
19 San Francisco, CA 94111
[phone]
20 [phone] - Facsimile
21 Attorneys for Defendants: Fairfield Imports, LLC,
Fairfield Imports Two, LLC, Fairfield Imports Three, LLC
22 Vallejo CJD, LLC, Toyota of Fairfield Re: LLC, and STARH RE, LLC
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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-1NOTICE OF CONDITIONALSETTLEMENT
AND STIPULATED REQUEST TO CONTINUE
CASE MANAGEMENT CONFERNECE; [PROPOSED ORDER]
Case No.: CV 12-02676 SI
P:\CLIENTS\AUTPF\W\CASES\Barber Auto Group\WDL Action\Settlement\Notice of Settlement 06-27-13.doc

1
AUTOMOTIVE INDUSTRIES PENSION
2 TRUST FUND, JAMES H. BENO, Trustee, et
al.
Plaintiffs,
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v.
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BARBER AUTO SALES, INC., a California
5 corporation, et al; and DOES 1-20,
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Defendants.

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Case No.: CV 12-02676 SI
NOTICE OF CONDITIONAL
SETTLEMENT AND STIPULATED
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
Date:
Time:
Judge:
Location:

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July 12, 2013
3:00 p.m.
Hon. Susan Illston
Courtroom 10, 19th Floor
450 Golden Gate Avenue
San Francisco, California

Complaint filed: May 24, 2012
Trial Date:
Not Set

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On June 4, 2013, the parties participated in mediation with Martin Quinn, the ADR
Unit appointed mediator and negotiated a settlement. The settlement is conditioned upon certain
terms expected to be completed within the next 10 weeks. The parties are in the process of
finalizing settlement documents including a stipulated conditional dismissal which they anticipate
executing and filing with the Court within the next 30 days. Therefore, pursuant to Civ. L.R. 7-7,
the parties, through their undersigned counsel, hereby stipulate and agree to a 30-day continuance
of the Case Management Conference currently scheduled for July 12, 2013 at 3:00 p.m. in
Courtroom 10, 19th Floor of this Court, with all related case management deadlines to be
continued accordingly.

21 Date: June 27, 2013
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SALTZMAN & JOHNSON LAW CORPORATION
By:

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/S/ Kimberly A. Hancock
KIMBERLY A. HANCOCK
Attorneys for Plaintiffs

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Date: June 27, 2013

TONKON TORP LLP
By:

_____/S/

Ryan M. Bledsoe
RYAN M. BLEDSOE
Attorneys for Defendants
-2NOTICE OF CONDITIONALSETTLEMENT
AND STIPULATED REQUEST TO CONTINUE
CASE MANAGEMENT CONFERNECE; [PROPOSED ORDER]
Case No.: CV 12-02676 SI

P:\CLIENTS\AUTPF\W\CASES\Barber Auto Group\WDL Action\Settlement\Notice of Settlement 06-27-13.doc

1 Date: June 27, 2013

TRUCKER HUSS

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By:

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____________/S/

Robert F. Schwartz
ROBERT F. SCHWARTZ
Attorneys for Defendants

IT IS SO ORDERED.
Pursuant to the foregoing Stipulation, and good cause appearing, the Court hereby
continues the Case Management Conference currently scheduled for July 12, 2013 to
August 16, 2013
____________________2013 at 3:00 p.m. in Courtroom 10, 19th Floor of this Court. All other
related case management deadlines are continued accordingly.

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6/28/13
Date: _________________

_________________________________________________
SUSAN ILLSTON
United States District Court Judge

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-3NOTICE OF CONDITIONALSETTLEMENT
AND STIPULATED REQUEST TO CONTINUE
CASE MANAGEMENT CONFERNECE; [PROPOSED ORDER]
Case No.: CV 12-02676 SI
P:\CLIENTS\AUTPF\W\CASES\Barber Auto Group\WDL Action\Settlement\Notice of Settlement 06-27-13.doc

DECLARATION OF KIMBERLY A. HANCOCK

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Pursuant to ECF General Order 45, I, Kimberly A. Hancock, declare as follows:

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1.

The signatories listed above, Ryan Bledsoe, of the law firm of Toklon Torp LLP,

4 and Robert F. Schwartz, of the law firm of Trucker Huss are the attorneys of record for
5 defendants;
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2.

Concurrent with the e-filing of the within Joint Case Management Conference

7 Statement, authority was obtained from Ryan Bledsoe and Robert F. Schwartz in lieu of their
8 signature on the Statement;
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3.

The Law Offices of Saltzman & Johnson maintains a record to support this

10 concurrence for subsequent production for the court if so ordered for inspection upon request by a
11 party until one year after final resolution of the within action, including appeal, if any.
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I declare under penalty of perjury that the foregoing is true and correct and that this

13 declaration was signed this 27th day of June, 2013, in San Francisco, California.
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/S/

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Kimberly A. Hancock_________
KIMBERLY A. HANCOCK

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-4NOTICE OF CONDITIONALSETTLEMENT
AND STIPULATED REQUEST TO CONTINUE
CASE MANAGEMENT CONFERNECE; [PROPOSED ORDER]
Case No.: CV 12-02676 SI
P:\CLIENTS\AUTPF\W\CASES\Barber Auto Group\WDL Action\Settlement\Notice of Settlement 06-27-13.doc