California Service Employees Health & Welfare Trust Fund et al v. Gateway Frontline Services, Inc., d/b/a Gateway Group One

Filing 41

ORDER granting 40 Stipulation. Dispositive Motions to be heard by 7/5/2017. Pretrial Conference set for 8/28/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Bench Trial set for 9/20/2017 08:00 AM before Hon. William H. Orrick. Signed by Judge William H. Orrick on 03/22/2017. (jmdS, COURT STAFF) (Filed on 3/22/2017)

ANNE M. BEVINGTON (SBN 111320)
1 [e-mail]
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
5 Attorneys for Plaintiffs
6
DANIEL A. ADLONG (SBN 262301)
7 [e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
8 Park Tower Suite 1500
695 Town Center Drive
9
Costa Mesa, CA 92626
10 [phone]
[phone] – Facsimile
11
Attorneys for Defendant
12
13

UNITED STATES DISTRICT COURT

14

FOR THE NORTHERN DISTRICT OF CALIFORNIA

15

CALIFORNIA SERVICE EMPLOYEES
16 HEALTH & WELFARE TRUST FUND,
DAVID HUERTAS, Trustee, CHARLES
17 GILCHRIST, Trustee, DAVID STILWELL,
Trustee, RAYMOND C. NANN, Trustee, and
18
LARRY T. SMITH, Trustee,
19
Plaintiffs,
20
vs.
21

Case No. CV 15-00973-WHO
STIPULATION AND JOINT REQUEST
TO MODIFY PRETRIAL AND TRIAL
DATES;
ORDER

Complaint Filed: March 2, 2015
Trial Date: May 30, 2017

22 GATEWAY FRONTLINE SERVICES, INC.,
doing business as GATEWAY GROUP ONE, a
23 New Jersey corporation,
24

Defendant.

25
26
27
28

-1STIP. AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES;
ORDER; Case No. CV 15-00973-WHO
\\candsf.cand.circ9.dcn\data\users\whoall\_cv\2015\2015_00973_california_service_employees_health_&_welfare_trus_v_gateway_frontline_services_inc_d-b-a_gateway_gr\15-cv-00973-whoproposed_order_to_modify_pretrial_schedule.docx

1
2

The parties to this action, by and through their respective counsel, stipulate and jointly

3 request that the impending pretrial and trial dates be continued for approximately 120 days as set
4 forth below. Good cause exists for the granting of the continuance, as follows:
5

1.

Plaintiffs filed their complaint on March 2, 2015 (Docket No. 1).

6

2.

On September 28, 2015, the parties attended a mediation session through the Court

7 sponsored ADR program. The parties reached a tentative settlement, the effectiveness of which
8 was conditioned on events in which the Plaintiff Trust Fund is not involved. The tentative
9 settlement was conditioned on an agreement between Defendant Gateway and Service Employees
10 International Union-United Service Workers West (“the Union”) to amend the collective
11 bargaining agreement between them pursuant to which the Plaintiff Trust Fund seeks to recover
12 delinquent contributions under ERISA.
13

3.

By its Civil Pretrial Order entered on November 30, 2015 (Dkt #32), the Court set

14 the following schedule for the case:
Fact discovery cutoff:
15
Expert disclosure:
Expert rebuttal:
16
Expert discovery cutoff:
17
Dispositive Motions heard by:
Pretrial Conference:
18
Bench trial:

September 30, 2016
September 30, 2016
November 1, 2016
December 1, 2016
November 16, 2016
January 9, 2017, 2:00 p.m.
January 30, 2017, 8:00 a.m.

19
20

4.

By its Civil Pretrial Order entered on September 7, 2016 (Dkt #38), the Court

granted the parties request for a 120 day extension, setting a new pretrial schedule as follows:
Expert disclosure:
January 27, 2017
Expert rebuttal:
March 1, 2017
22
Expert discovery cutoff:
March 31, 2017
23
Dispositive Motions heard by:
March 15, 2017
Pretrial Conference:
May 9, 2017, 2:00 p.m.
24
Bench trial:
May 30, 2017, 8:00 a.m.
25
5.
By Order Setting Settlement Conference entered on September 13, 2016 (Dkt.
26
#39), the settlement judge set the settlement conference for April 19, 2017.
27
-2STIP. AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES;
28
ORDER; Case No. CV 15-00973-WHO
21

\\candsf.cand.circ9.dcn\data\users\whoall\_cv\2015\2015_00973_california_service_employees_health_&_welfare_trus_v_gateway_frontline_services_inc_d-b-a_gateway_gr\15-cv-00973-whoproposed_order_to_modify_pretrial_schedule.docx

1

6.

The parties have completed discovery and again seek to resolve the matter by

2 settlement. Unlike with previous settlement attempts, Defendant Gateway has obtained a
3 “disclaimer of interest” from United Service Workers Union Local 74, the previous absence of
4 which made it impossible for Defendant Gateway to negotiate an agreement with the Union that
5 could resolve a substantial part of the Plaintiffs’ claim against Gateway in this case.
6

7.

Gateway and the Union are again engaged in negotiations which should result in an

7 amendment of the collective bargaining agreement under which the Plaintiffs claim that Gateway
8 owes delinquent contributions. In light of the changed circumstance of Local 74’s disclaimer of
9 interest, and the parties’ interest in resolving this matter without the incurring unnecessary
10 expenses, the parties hereby stipulate and jointly request, that the Court order as follows:
11

a. That the settlement conference scheduled for April 19, 2017, remain on calendar.

12

b. That hearing date for dispositive motions of March 15, 2017, be continued to

13
14
15
16
17

July 5, 2017.
c. That the pretrial conference scheduled for May 9, 2017, 2:00 p.m., be continued
to August 29, 2017, at 2:00 p.m.
d. That the bench trial scheduled for May 30, 2017, 8:00 a.m., be continued to
September 20, 2017, at 8:00 a.m. (estimated three days)

18 SO STIPULATED.
19
20
21
22
23
24
25
26
27
28

-3STIP. AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES;
ORDER; Case No. CV 15-00973-WHO
\\candsf.cand.circ9.dcn\data\users\whoall\_cv\2015\2015_00973_california_service_employees_health_&_welfare_trus_v_gateway_frontline_services_inc_d-b-a_gateway_gr\15-cv-00973-whoproposed_order_to_modify_pretrial_schedule.docx

1 Dated: March 17, 2017

/s/ Anne M. Bevington
ANNE M. BEVINGTON
Saltzman & Johnson Law Corporation
Attorneys for Plaintiffs

2
3
4

Dated: March 17, 2017

/s/ Daniel A. Adlong
Daniel A. Adlong
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Attorneys for Defendants

5
6
7
8
9
10

CERTIFICATION RE SIGNATURES

11
12

I attest that concurrence in the filing of this stipulation has been obtained from Daniel A.

13 Adlong.
Dated: March 17, 2017
14
15

/s/ Anne M. Bevington
Anne M. Bevington
Saltzman & Johnson Law Corporation
Attorneys for Plaintiff

16
ORDER

17
18
19
20
21
22
23
24
25
26
27
28

Based on the foregoing, and good cause appearing, IT IS HEREBY ORDRED that the
pretrial and trial dates be modified as follows:
1. The settlement conference scheduled for April 19, 2017, remains on calendar.
2. The dispositive motion hearing date of March 15, 2017, is continued to July 5, 2017.
3. The pretrial conference scheduled for May 9, 2017, 2:00 p.m., is continued to August
28, 2017, at 2:00 p.m.
4. The bench trial scheduled for May 30, 2017, 8:00 a.m., is continued to September 20,
2017, at 8:00 a.m.
IT IS SO ORDERED.
-4STIP. AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES;
ORDER; Case No. CV 15-00973-WHO
\\candsf.cand.circ9.dcn\data\users\whoall\_cv\2015\2015_00973_california_service_employees_health_&_welfare_trus_v_gateway_frontline_services_inc_d-b-a_gateway_gr\15-cv-00973-whoproposed_order_to_modify_pretrial_schedule.docx

1
2

Date: March 22, 2017

3

____________________________________________
THE HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-5STIP. AND JOINT REQUEST TO MODIFY PRETRIAL AND TRIAL DATES;
ORDER; Case No. CV 15-00973-WHO
\\candsf.cand.circ9.dcn\data\users\whoall\_cv\2015\2015_00973_california_service_employees_health_&_welfare_trus_v_gateway_frontline_services_inc_d-b-a_gateway_gr\15-cv-00973-whoproposed_order_to_modify_pretrial_schedule.docx