Automotive Industries Pension Trust Fund et al v. Edward R. Bacon Company, Inc.

Filing 35

ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE PENDING FINALIZATION OF SETTLEMENT granting 34 Motion to Continue. Initial Case Management Conference reset for 9/8/2016 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Update or stipulated dismissal due by 8/28/2016. Signed by Magistrate Judge Laurel Beeler on 7/21/2016. (afmS, COURT STAFF) (Filed on 7/21/2016)

1 ANNE M. BEVINGTON (SBN 111320)
SALTZMAN & JOHNSON LAW CORPORATION
2 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
3
[phone]
4 [phone] – Facsimile
[e-mail]
5
6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AUTOMOTIVE INDUSTRIES PENSION
10 TRUST FUND, JAMES H. BENO, Trustee,
STEPHEN J. MACK, Trustee, DON
11 CROSATTO, Trustee, DOUG CORNFORD,
Trustee, JOHN DI BERNARDO, Trustee,
12 JOSE SANTANA, Trustee, and JAMES
SCHWANTZ, Trustee, SCOTT PAGTER,
13 Trustee,
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Plaintiffs,
v.
EDWARD R. BACON COMPANY, INC., a
California corporation, and DOES 1-20,
Defendants.

Case No. CV 15-02685 LB
STATUS REPORT AND REQUEST TO
CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE
PENDING FINALIZATION OF
SETTLEMENT; DECLARATION OF
ANNE M. BEVINGTON IN SUPPORT
THEREOF; AND ORDER
Date:
Time:
Courtroom:

July 28, 2016
11:00 a.m.
C, 15th Floor
Honorable Laurel Beeler

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Complaint Filed: June 16, 2015

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Plaintiffs request a 30-day continuance of the Case Management Conference currently set in

21 this matter for July 28, 2016 at 11:00 a.m. in Courtroom C, 15th Floor of this Court, and the related
22 deadlines for filing their Case Management Conference Statement and Rule 26(f) report, and
23 completing initial disclosures. Defendants have agreed to the continuance. Good cause exists for
24 the requested continuance for the following reasons.
25

On April 25, 2016, the parties participated in a mediation session with Mediator Robert

26 Pohls. Mr. Pohls filed his Certification of Mediation on April 26, 2016, informing the Court that
27 the mediation was complete and that full settlement had occurred (Dkt #31). The parties reached
28 an agreement and have been circulating a formal written agreement which contemplates dismissal
- 1 - STATUS REPORT AND REQUEST TO CONTINUE INITIAL
CMC [PROPOSED] ORDER; CASE NO. CV 15-2685 LB
N:\July 2016\LB\15cv2685.order34.72116.doc

1 of the action only after a Settlement Agreement, and a Stipulation for Entry of Judgment, to be filed
2 only in the event of default, are fully executed, and certain consideration has been timely paid.
3

On June 27, 2016, I received the first payment that was due under the terms of settlement.

4 However, the settlement documentation, which calls for payments over time secured by a
5 Stipulation for Entry of Judgment in the event of default, has not yet been fully executed by all
6 parties and counsel. I believe that it would conserve expenses for all parties to have the initial Case
7 Management Conference set for July 28, 2016, continued for an additional 30 days so that the
8 parties’ settlement documentation can be finalized and a Stipulation for Voluntary Dismissal can be
9 filed. On July 21, 2016, I emailed Eugene Ashley, counsel for defendants, and advised him of my
10 intention to request this 30 day continuance. He responded that he agreed.
11

I, Anne M. Bevington, declare under penalty of perjury that the foregoing is true of my

12 own knowledge and belief, and if called upon to testify, I would competently testify thereto.
13 Dated: July 21, 2016

/S/ Anne M. Bevington_____________________
Anne M. Bevington

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15

Plaintiffs therefore request that the initial Case Management Conference set for July 28,

16 2016, be continued an additional 30 days, to on or after August 25, 2016, to allow the parties
17 additional time to execute the settlement documents and to file their Stipulation for Voluntary
18 Dismissal of the within action.
19

The changes will not affect any other deadline on the Court’s calendar.

20 Dated: July 21, 2016

Respectfully submitted,

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SALTZMAN & JOHNSON LAW CORPORATION

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By:

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/S/ Anne M. Bevington__________________
Anne M. Bevington
Attorneys for Plaintiffs

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** ORDER ON NEXT PAGE **

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STATUS REPORT AND REQUEST TO CONTINUE INITIAL
CMC [PROPOSED] ORDER; CASE NO. CV 15-2685 LB

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ORDER

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Based on the foregoing, and GOOD CAUSE APPEARING,

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The Initial Case Management Conference is continued from July 28, 2016 to September 8,

4 2016 at 11:00 a.m. An update or a stipulated dismissal must by filed by August 29, 2016.
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7 Dated: July 21, 2016

_________________________ __________
HONORABLE LAUREL BEELER
UNITED STATES MAGISTRATE JUDGE

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STATUS REPORT AND REQUEST TO CONTINUE INITIAL
CMC [PROPOSED] ORDER; CASE NO. CV 15-2685 LB