California Service Employees Health & Welfare Trust Fund et al v. Paramount Building Solutions, LLC et al

Filing 22

ORDER GRANTING STIPULATION by Hon. William Alsup granting 20 Stipulation.(whalc1, COURT STAFF) (Filed on 3/29/2013)

1 PHILIP M. MILLER (SBN 87877)
[e-mail]
2 ANNE M. BEVINGTON (SBN 111320)
[e-mail]
3 KIMBERLY A. HANCOCK (SBN 205567)
[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

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
11 CALIFORNIA SERVICE EMPLOYEES HEALTH
& WELFARE TRUST FUND, MIKE GARCIA,
12 Trustee, CHARLES GILCHRIST, Trustee, DAVID
STILWELL, Trustee, RAYMOND C. NANN,
13 Trustee, and LARRY T. SMITH, Trustee,
Plaintiffs,

14

CASE NO.: C 12 5232 WHA

STIPULATION FOR LEAVE TO FILE
PLAINTIFFS’ FIRST AMENDED
COMPLAINT;
(PROPOSED) ORDER

15 vs.
16 PARAMOUNT BUILDING SOLUTIONS, LLC,
aka JANITORIAL MANAGEMENT
17 SERVICES/JMS, a Delaware limited liability
company; JMS BUILDING SOLUTIONS, LLC, a
18 Delaware limited liability company; and DCSS
INVESTMENTS, INC., a California corporation,
19 fka PACIFIC MAINTENANCE SERVICES, INC.,
aka PACIFIC BUILDING MAINTENANCE, INC.,
20
Defendants.
21
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23

California Service Employees Health & Welfare Trust Fund, Mike Garcia, Charles

24 Gilchrist, David Stilwell, Raymond C. Nann and Larry T. Smith, as Plaintiffs, and Paramount
25 Building Solutions, LLC and JMS Building Solutions, LLC (collectively“JMS/Paramount ), as
”
26 Defendants, are all of the parties to this action, the remaining defendants having been dismissed
27 pursuant to a settlement. The parties hereby stipulate and jointly request that the Court enter an
28 order as follows:
-1STIPULATION TO FILE FIRST AMENDED COMPLAINT;
(PROPOSED) ORDER [CASE NO. C 12 5232 WHA]

P:\CLIENTS\CSEHT\Cases\PACIFIC MAINT-JMS\PLEADINGS\First Amended Complaint\032813 JMS Stip and Order re First Amended Complaint.doc

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1.

That Plaintiffs be granted leave to file a First Amended Complaint for the purpose

2 of removing the now-settled claim against former defendant DCSS and JMS/Paramount as
3 successor for amounts owing by DCSS, and adding the amounts claimed against JMS/Paramount
4 pursuant to the audit requested in the complaint and subsequently conducted;
5

2.

That the First Amended Complaint be filed within five days after the Court enters

6 an order approving this stipulation; and
7

3.

That defendants have 21 days after the filing and ECF service of the First Amended

8 Complaint within which to file their response.
9

4.

The parties further stipulate that, should the Court deny leave to amend, defendants

10 shall respond to the original complaint within 10 days after the Court enters an order denying
11 leave to amend.
ATTESTATION RE SIGNATURES

12
13

I, Anne M. Bevington, declare under penalty of perjury that I have obtained concurrence

14 in the filing of this document from Jonathan M. Brenner, attorney of record for the defendants,
15 who agreed that the document may be filed with his electronic signature.
16 Dated: March 28, 2013

SALTZMAN & JOHNSON LAW CORPORATION

17

19

By: _____/S/ Anne M. Bevington__________
Anne M. Bevington
Attorneys for Plaintiffs

20 Dated: March 28, 2013

SIDLEY AUSTIN LLP

18

21
By: ______/S/ Jonathan M. Brenner______
Jonathan M. Brenner
Attorneys for Defendants
PARAMOUNT BUILDING SOLUTIONS, LLC
and JMS BUILDING SOLUTIONS, LLC

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25 ORDER ON FOLLOWING PAGE
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-2STIPULATION TO FILE FIRST AMENDED COMPLAINT;
(PROPOSED) ORDER [CASE NO. C 12 5232 WHA]
P:\CLIENTS\CSEHT\Cases\PACIFIC MAINT-JMS\PLEADINGS\First Amended Complaint\032813 JMS Stip and Order re First Amended Complaint.doc

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ORDER
Pursuant to the above stipulation, the Court grants plaintiffs leave to file a First Amended

3 Complaint within five days after entry of this order. Defendants shall respond to the First
4 Amended Complaint within 21 days of filing and ECF service.

March 29, 2013.
5 Dated: _______________________
6

___________________________________
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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-3STIPULATION TO FILE FIRST AMENDED COMPLAINT;
(PROPOSED) ORDER [CASE NO. C 12 5232 WHA]
P:\CLIENTS\CSEHT\Cases\PACIFIC MAINT-JMS\PLEADINGS\First Amended Complaint\032813 JMS Stip and Order re First Amended Complaint.doc