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

Filing 24

STIPULATION AND ORDER re 23 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 Traini ng 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 2/20/2014. Further Case Management Conference set for 2/27/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/18/13. (bpf, COURT STAFF) (Filed on 12/18/2013)

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: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
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Plaintiffs,
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v.
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REYES DRYWALL, INC. and DOES 1-10,
14 inclusive;
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Case No.: C13-1752 EMC
STIPULATION AND [PROPOSED] ORDER
TO EXTEND MEDIATION COMPLETION
DEADLINE BY SIXTY DAYS

Defendant.

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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:
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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).
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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).
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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.
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4.

At the parties’ request, the Court continued the previous deadline for the parties to

26 complete mediation by sixty to days, to December 13, 2013, in order to allow time for additional
27 informal settlement discussions.
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5.

Since then, the parties have been discussing settlement of this matter. The parties

-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 121013.doc

1 agree that Defendant is liable to the Plaintiff Trust Funds for delinquent fringe benefit
2 contributions, but disagree as to the amount owed. Within the next ten days, defense counsel, a
3 former CPA, has agreed to review Defendant’s payroll records in an attempt to resolve the
4 accounting discrepancy. Thus, while an informal resolution has not yet been reached, the parties
5 are working towards settlement.
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6.

If the matter does not resolve informally, the parties have agreed to reschedule a

7 mediation session with Ms. Ritchey.
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7.

The parties therefore request that the Court again extend the deadline to hold the

9 mediation session by 60 days.
10 Dated: December 11, 2013

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/S/
Shivani Nanda
Attorneys for Plaintiffs

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15 Dated: December 11, 2013

LAW OFFICE OF
GEORGE R. GORE

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By:

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/S/
George R. Gore
Attorney for Defendant

IT IS SO ORDERED.

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The deadline to hold the mediation session is extended by sixty days to
2014. The CMC is reset from 2/4/14 to 2/27/14
2/14
21 _______________________, 2013.
at 10:30 a.m. Joint statement due 2/20/14.
12/18/13
_________________________________________
22 Date: ____________________
ISTRIC
ES D HONORABLE EDWARD M. CHEN
TC
T THE
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TA UNITED STATES DISTRICT COURT

C
-2N
F
STIPULATION AND [PROPOSED] ORDERITO EXTENDO
MEDIATION COMPLETION DEADLINE
D S T ICT
R
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 121013.doc

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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.
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Dated: December 11, 2013
SALTZMAN & JOHNSON
LAW CORPORATION

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By:
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/S/
SHIVANI NANDA
Attorneys for Plaintiffs

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-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 121013.doc