Boards of Trustees of Sheet Metal Workers Local 104 Health Care Plan et al v. Bay Area Balancing and Cleanrooms, Inc.

Filing 46

ORDER by Judge Haywood S. Gilliam, Jr. Granting 45 Stipulation FOR EXTENSION OF TIME TO RESPOND TO COUNTERCLAIM AND REQUESTING COURT TO VACATE MEDIATION DEADLINE. (ndr, COURT STAFF) (Filed on 4/21/2015)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

EILEEN B. GOLDSMITH (SBN 218029)
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff/Counterclaim Defendant
Sheet Metal Workers’ International Association
Local Union No. 104
MICHELE R. STAFFORD (SBN 172509)
Saltzman & Johnson Law Corporation
44 Montgomery Street, Suite 2110
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs Board of Trustees of
Sheet Metal Workers Local 104 Health
Care Plan, et al.
JOSEPH W. McCARTHY (SBN 16443)
Joseph W. McCarthy, A Law Corporation
400 Reed St./PO Box 58032
Santa Clara, CA 95050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant/Counterclaimant
Bay Area Balancing & Cleanroom, Inc.

19

IN THE UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA

21
22

BOARD OF TRUSTEES OF SHEET
METAL WORKERS LOCAL 104 HEALTH
CARE PLAN, et al.,

23

Plaintiffs,

24

BAY AREA BALANCING AND
CLEANROOMS, INC.,

STIPULATION FOR EXTENSION OF TIME
TO RESPOND TO COUNTERCLAIM AND
REQUESTING COURT TO VACATE
MEDIATION DEADLINE; ORDER

vs.

25

CASE NO. 3:14-cv-01739-HSG

26
27

Complaint Filed:
Trial Date:

April 14, 2014
Not Yet Set

Defendant.

28
STIPULATION FOR EXTENSION OF TIME; [PROPOSED] ORDER
CASE NO. 3:14-cv-01739-HSG

1
2
3
4
5
6

WHEREAS on February 4, 2015, the Court set a deadline of May 5, 2015 for the parties to
engage in mediation in this action (Dkt. 29);
WHEREAS the case was reassigned to this Court on February 13, 2015, and a Case
Management Conference was scheduled for May 19, 2015 (Dkt. 39);
WHEREAS Defendant Bay Area Balancing & Cleanroom, Inc. (“Defendant”) substituted
counsel in this action, effective April 1, 2015 (Dkt. 42);

7

WHEREAS Defendant filed a counterclaim against Plaintiff Sheet Metal Workers’

8

International Association, Local Union No. 104 (“Local 104”) on April 1, 2015 (Dkt. 43);

9
10
11
12
13
14

WHEREAS under Fed. R. Civ. P. 12(a)(1)(B), Local 104’s answer or other responsive
pleading to the Counterclaim would be due on April 22, 2015;
WHEREAS Plaintiff/Counterclaim Defendant Local 104 has substituted counsel in this
action, effective April 15, 2015 (Dkt. 44);
WHEREAS in light of these significant changes in the case since it was ordered to
mediation, the parties believe it would not be productive to proceed to mediation at this time;

15

The parties hereby stipulate as follows:

16

1.

17
18
19
20
21

The deadline for Local 104 to file an answer or other responsive pleading to the

Counterclaim is extended to May 13, 2015.
2.

The parties jointly ask the Court to vacate the May 5, 2015 deadline for engaging in

mediation.
3.

The parties will address the issue of mediation in the Case Management Conference

scheduled for May 19, 2015 and in their joint Case Management Conference statement.

22
23

Dated: April 17, 2015

ALTSHULER BERZON LLP

24
25
26
27

By:

/s/ Eileen B. Goldsmith
Eileen B. Goldsmith

Attorneys for Plaintiff/Counterclaim Defendant Sheet
Metal Workers’ International Association, Local
Union No. 104

28
1
STIPULATION FOR EXTENSION OF TIME; [PROPOSED] ORDER
CASE NO. 3:14-cv-01739-HSG

1

Dated: April 17, 2015

SALTZMAN & JOHNSON

2
By:

3
4

/s/ Michele Stafford
Michele Stafford

Attorneys for Plaintiffs Board of Trustees of
Sheet Metal Workers Local 104 Health
Care Plan, et al.

5
6
7
8

Dated: April 17, 2015

JOSEPH W. MCCARTHY, A LAW
CORPORATION

9
By:

10
11

/s/ Joseph W. McCarthy
Joseph W. McCarthy

Attorneys for Defendant/Counterclaimant
Bay Area Balancing & Cleanroom, Inc.

12
13

ORDER

14
15
16
17

IT IS SO ORDERED.
Dated: April 21, 2015

______________________________
HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
2
STIPULATION FOR EXTENSION OF TIME; [PROPOSED] ORDER
CASE NO. 3:14-cv-01739-HSG

1
2
3

SIGNATURE ATTESTATION
“I hereby attest that I have on file all holographic signatures corresponding to any
signatures indicated by a conformed signature (/S/) within this e-filed document.”

4
5
6

/s/ Eileen B. Goldsmith
Eileen B. Goldsmith

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION FOR EXTENSION OF TIME; [PROPOSED] ORDER
CASE NO. 3:14-cv-01739-HSG