General Employees Trust Fund and Board of Trustees of General Employees Trust Fund v. Hermes

Filing 89

ORDER GRANTING JOINT REQUEST FOR CONTINUANCE 88 . Discovery Status Hearing set for 9/30/2015 01:00 PM in Courtroom D, 15th Floor, San Francisco. Fact discovery deadline is extended to 9/30/2015. Parties to file dismissal or discovery status report by 9/23/2015. Signed by Judge Nathanael Cousins on 9/11/2015. (lmh, COURT STAFF) (Filed on 9/11/2015)

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WYLIE, McBRIDE, PLATTEN & RENNER
DIANE SIDD-CHAMPION, SBN 78140
605 Market Street, Suite 1200
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Petitioners

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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GENERAL EMPLOYEES TRUST FUND
and BOARD OF TRUSTEES OF GENERAL
EMPLOYEES TRUST FUND,
Petitioners,

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v.
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AMERICAN EMPIRE BUILDING
MAINTENANCE CORPORATION,
a dissolved corporation, and YUL HERMES,
an individual,

Case No. 14-cv-04054-NC

JOINT STATUS REPORT AND
REQUEST FOR CONTINUANCE ;
AND ORDER
Hearing: September 16, 2015
Time:
1:00 p.m.
Place:
Telephonic

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Respondents.

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JOINT STATUS REPORT AND REQUEST FOR CONTINUANCE
Case No. 14-cv-04054-NC

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Petitioners General Employees Trust Fund and Board of Trustees of General Employees

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Trust Fund and Respondents American Empire Building Maintenance Corporation and Yul Hermes

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submit this Joint Status Report pursuant to the Court’s Order of August 5, 2015. Dkt. No. 78.

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By the Court’s Order, the parties were to submit a joint status report with an update on

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discovery issues by September 14, 2015. Id. A status hearing was set for September 16, 2015. Fact
discovery was extended to September 16, 2015. Id.
On September 9, 2015, the parties participated in mediation with a Court-appointed
mediator.

Prior to the mediation, pursuant to ADR Local Rule 6-10(a), Petitioners disclosed that

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the General Employees Trust Fund is governed by a Board of Trustees that has the final authority to
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settle. Petitioners further disclosed that Raymond Nann, the individual Trustee who would attend
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the mediation, would not have final authority to settle, but rather would have, to the greatest extent
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feasible, authority to recommend a settlement to the Board of Trustees.
At the mediation, Respondents signed a written settlement agreement. Mr. Nann signed the
written settlement agreement and promised to recommend it to the Board of Trustees.
The Board of Trustees will consider the settlement at its next meeting, now scheduled for
September 21, 2015.

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If the Board of Trustees approves the settlement, any discovery issues will be moot.

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Accordingly, Petitioners and Respondents jointly request that the discovery report be held in

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abeyance, that the telephonic status conference be continued from September 16, 2015 to a date after

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September 21, 2015 that is convenient for the Court, and that the deadline for fact discovery be

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continued until after the telephonic status conference.
WYLIE, McBRIDE, PLATTEN & RENNER

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Dated: September 11, 2015

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By:
/s/ Diane Sidd-Champion
DIANE SIDD-CHAMPION
Attorney for Petitioners

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COHEN AND JACOBSON, LLP
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Dated: September 11, 2015

By:
/s/ Lawrence A. Jacobson
LAWRENCE A. JACOBSON
Attorney for Respondents

JOINT STATUS REPORT AND REQUEST FOR CONTINUANCE
Case No. 14-cv-04054-NC

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ECF CERTIFICATION
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I, Diane Sidd-Champion, am the ECF User whose user ID and password are being used to
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file this Joint Status Report and Request for Continuance. In compliance with Civil Local Rule 54

1(i)(3), I hereby attest that Lawrence A. Jacobson has concurred in this filing.
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WYLIE, McBRIDE, PLATTEN & RENNER
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Dated: September 11, 2015
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By:
/s/ Diane Sidd-Champion
DIANE SIDD-CHAMPION
Attorney for Petitioners

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ORDER

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The request to continue is granted. Status hearing is continued to September 30, 2015 at

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September 30, 2015. Parties to file dismissal of case or discovery status report by September 23,
2015.

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UNIT
ED

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GRAN

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Dated: September 11, 2015

S DISTRICT
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thanael M
Judge Na

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. Cousins

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R NIA

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1:00 p.m. in Courtroom D, 15th Floor, San Francisco. Fact discovery deadline is extended to

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l:\0198\40097\pleadings\2015-09-10 joint status report.docx

JOINT STATUS REPORT AND REQUEST FOR CONTINUANCE
Case No. 14-cv-04054-NC

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