Bay Area Painters and Tapers Pension Trust Fund et al v. Reyes Drywall, Inc.

Filing 21

STIPULATION AND ORDER re 20 STIPULATION WITH PROPOSED ORDER - STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE BY SIXTY DAYS filed by District Council 16 Northern California Apprentice and Journeyman Trainin g Trust Fund, Bay Area Painters and Tapers Pension Trust Fund, James Williams, Chris Christopherson, Les Proteau, Marion Bourboulis, John Maggiore, District Council 16 Northern California Health and Welfare Trust Fund, District Council 16 of the International Union of Painters and Allied Trades, Charles Del Monte, I.U.P.A.T. Union and Industry National Pension Fund Case Management Statement due by 1/9/2014. Further Case Management Conference set for 1/16/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/21/13. (bpf, COURT STAFF) (Filed on 10/21/2013)

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1 Michele R. Stafford, Esq. (SBN 172509) Shivani Nanda (SBN 253891) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 Telephone: (415) 882-7900 4 Facsimile: (415) 882-9287 mstafford@sjlawcorp.com 5 snanda@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., 11 Plaintiffs, 12 v. 13 REYES DRYWALL, INC. and DOES 1-10, 14 inclusive; 15 Case No.: C13-1752 EMC STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE BY SIXTY DAYS Defendant. 16 17 The parties to this action hereby respectfully request and stipulate to extend the deadline to 18 hold the mediation session by 60 days. Good cause exists for the continuance, as follows: 19 1. On July 15, 2013, the Court ordered the parties to participate in mediation within 20 the presumptive deadline of ninety days. (Docket No. 15). 21 2. On August 12, 2013, ADR Clerk, Richard Wieking notified the parties that 22 Katherine Ritchey was the assigned mediator for this case. (Docket No. 19). 23 3. On August 19, 2013, the parties participated in a pre-mediation conference with 24 Ms. Ritchey and scheduled the mediation for October 14, 2013. 25 4. The parties are currently engaged in settlement discussions and are close to 26 resolving this matter. To avoid the time and expense of preparing for and attending mediation, the 27 parties agreed to cancel the October 14, 2013 mediation and continue informal settlement 28 discussions. -1STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE CASE NO.: C13-1752 EMC P:\CLIENTS\PATCL\Reyes Drywall Inc. (Patterson) 2 REYESD2\Pleadings\C13-1752 EMC Stipulation and Proposed Order to Extend Mediation Deadline 101513.doc 1 5. If the matter does not resolve informally, the parties have agreed to reschedule a 2 mediation session with Ms. Ritchey. 3 6. The parties therefore request that the Court extend the deadline to hold the 4 mediation session by 60 days. 5 Dated: October 15, 2013 SALTZMAN & JOHNSON LAW CORPORATION 6 By: 7 8 /S/ Shivani Nanda Attorneys for Plaintiffs 9 10 Dated: October 15, 2013 LAW OFFICE OF GEORGE R. GORE 11 By: 12 13 /S/ George R. Gore Attorney for Defendant 14 IT IS SO ORDERED. 15 The deadline to hold the mediation session is extended by sixty days to 12/15 16 _______________________, 2013. The CMC originally set for 11/7/13 is reset for ST RT U O S DI CHEN THE HONORABLE EDWARD M. RICT TE COURT C UNITED STATES DISTRICT TA 21 RT 23 dwa Judge E ER 25 A H 24 hen rd M. C NO 22 ERED O ORD D IT IS S DIFIE AS MO R NIA 20 LI 19 UNIT ED S 18 1/16/14 at 10:30 a.m. An updated CMC statement shall _________________________________________ be filed by 1/9/14. FO 10/21/13 17 Date: ____________________ N F D IS T IC T O R C 26 27 28 -2STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE CASE NO.: C13-1752 EMC P:\CLIENTS\PATCL\Reyes Drywall Inc. (Patterson) 2 REYESD2\Pleadings\C13-1752 EMC Stipulation and Proposed Order to Extend Mediation Deadline 101513.doc 1 2 ATTESTATION CERTIFICATE In accord with the Northern District of California’s General Order No. 45, Section X(B), I 3 attest that concurrence in the filing of this document has been obtained from each of the other 4 signatories who are listed on the signature page. 5 Dated: October 15, 2013 SALTZMAN & JOHNSON LAW CORPORATION 6 By: 7 8 /S/ SHIVANI NANDA Attorneys for Plaintiffs 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1ATTESTATION CERTIFICATE RE: STIPULATION AND [PROPOSED] ORDER TO EXTEND MEDIATION COMPLETION DEADLINE CASE NO.: C13-1752 EMC P:\CLIENTS\PATCL\Reyes Drywall Inc. (Patterson) 2 REYESD2\Pleadings\C13-1752 EMC Stipulation and Proposed Order to Extend Mediation Deadline 101513.doc

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