District Council 16 Northern California Health and Welfare Trust Fund, and its Joint Board of Trustees et al v. JMW Carpet and Flooring, Inc. et al

Filing 25

STIPULATION AND ORDER re 24 STIPULATION WITH PROPOSED ORDER STIPULATION TO CONTINUE MEDIATION DEADLINE filed by Marian Bourboulis, John Sherak, Chris Christopherson, District Council No. 16 of the International Union of Painters and Allied Trades, District Council 16 Northern California Journeyman and Apprentice Training Trust Fund and its Joint Board of Trustees, John Maggiore, Central Coast Counties Floor Covering Industry Pension Fund, and its Board of Trustees, Di strict Council 16 Northern California Health and Welfare Trust Fund, and its Joint Board of Trustees, Resilient Floor Covering Pension Fund, and its Board of Trustees. Signed by Judge Jon S. Tigar on July 23, 2015. (wsn, COURT STAFF) (Filed on 7/23/2015)

1 Michele R. Stafford, Esq. (SBN 172509)
Erica J. Russell, Esq. (SBN 274494)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7 Paul V. Simpson, Esq. (SBN 83878)
SIMPSON GARRITY INNES & JACUZZI
8 A PROFESSIONAL CORPORATION
601 Gateway Boulevard, Suite 950
9 South San Francisco, CA 94080
[phone]
10 [phone] – Facsimile
[e-mail]
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Attorney for Defendants
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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17 DISTRICT COUNCIL 16 NORTHERN
CALIFORNIA HEALTH AND WELFARE
18 TRUST FUND, et al.,
Plaintiffs,

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Case No.: C14-5029 JST
STIPULATION TO CONTINUE
MEDIATION DEADLINE; [PROPOSED]
ORDER THEREON

v.
Judge: The Honorable Jon S. Tigar

21 JMW CARPET AND FLOORING, INC., et al.,
Defendants.

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The parties in the above-titled action respectfully request that the mediation deadline,

25 currently scheduled for July 29, 2015, be continued for approximately sixty (60) days. Good cause
26 exists for the granting of a continuance, as follows:
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1.

As the Court’s records will reflect, this action was filed on November 13, 2014 to

28 compel Defendants to comply with the terms of their Collective Bargaining Agreement.
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STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON
Case No.: C14-5029 JST

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2.

Defendant JMW Carpet and Flooring, Inc., a California Corporation, was served

2 with the Complaint by substitute service on December 18, 2014, with a December 19, 2014
3 mailing deeming service effective on December 29, 2014. Defendant Joe Hy Wang, individually
4 and dba J W Carpet & Flooring aka Joe Wang Carpet and Flooring, was served with the
5 Complaint by substitute service on December 15, 2014, with a December 17, 2014 mailing
6 deeming service effective on December 27, 2014.
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3.

Plaintiffs filed a Proof of Service of Summons with the Court on January 9, 2015.

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4.

Plaintiffs agreed to give Defendants an extension to January 31, 2015 to file

9 responsive pleadings to the Complaint.
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5.

Defendants retained counsel and filed an Answer on January 30, 2015.

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6.

On April 29, 2015, the parties filed a Stipulation agreeing to participate in

12 mediation. On April 30, 2015, the Court issued an Order referring this matter to mediation, and
13 setting a mediation deadline of July 29, 2015.
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7.

On May 28, 2015, the Court issued a Notice appointing Robert Pohls as mediator.

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8.

The parties scheduled an initial telephone conference with Mr. Pohls for June 17,

16 2015. However, on June 16, 2015, Plaintiffs’ auditors finalized the audit report and it became
17 available for Defendants’ review so the parties agreed to continue the telephone conference so that
18 Defendants had time to review and comment on the audit report.
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9.

The parties have been in communication regarding the audit findings and are

20 working toward an informal resolution.
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STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON
Case No.: C14-5029 JST

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10.

In the interest of conserving costs, as well as the Court’s time and resources, the

2 parties respectfully request that the mediation deadline, currently scheduled for July 29, 2015, be
3 continued for approximately sixty (60) days to allow sufficient time for the parties to work toward
4 an informal resolution of this matter.
5 Dated: July 23, 2015

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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8
9 Dated: July 23, 2015

SIMPSON GARRITY INNES &
JACUZZI, A PROFESSIONAL
CORPORATION

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/S/
Erica J. Russell
Attorneys for Plaintiffs

By:

/S/
Paul V. Simpson
Attorneys for Defendants

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14 IT IS SO ORDERED.
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Based on the foregoing, and GOOD CAUSE APPEARING, the currently set mediation
Sept. 25, 2015
16 deadline is hereby continued to _______________, and all related deadlines are extended
accordingly.
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18 Date: ____________________
July 23, 2015
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_________________________________________
THE HONORABLE JON S. TIGAR
UNITED STATES DISTRICT COURT

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STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON
Case No.: C14-5029 JST

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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: July 23, 2015

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By:

/S/
Erica J. Russell
Attorneys for Plaintiffs

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STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON
Case No.: C14-5029 JST