Aleut Support Services, LLC v. Stationary Engineers, Local 39 et al

Filing 32

ORDER granting, as modified, 31 STIPULATION TO STAY PROCEEDINGS, ENLARGE TIME FOR FILING A RESPONSE TO COMPLAINT AND VACATE CASE MANAGEMENT CONFERENCE. Case Management Conference continued to 1/19/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Case Management Statement due by 1/12/2016.Signed by Judge William H. Orrick on 09/28/2015. jmdS, COURT STAFF) (Filed on 9/28/2015)

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LINDA BALDWIN JONES, Bar No. 178922
TRACY L. MAINGUY, Bar No. 176928
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]

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Attorneys for Defendants Stationary Engineers Local 39 Health and
Welfare Trust Fund, Stationary Engineers Local 39 Pension Trust
Fund and Stationary Engineers Local 39 Annuity Trust Fund

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEUT FACILITIES SUPPORT
SERVICES, LLC,
Plaintiff,

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v.
STATIONARY ENGINEERS LOCAL 39,
STATIONARY ENGINEERS LOCAL 39
HEALTH AND WELFARE TRUST
FUND, STATIONARY ENGINEERS
LOCAL 39 PENSION TRUST FUND and
STATIONARY ENGINEERS LOCAL 39
ANNUITY TRUST FUND,

No. 3:15-CV-03348-WHO

NOTICE OF TENTATIVE SETTLEMENT;
STIPULATION AND REQUEST TO STAY
PROCEEDINGS, ENLARGE TIME FOR
FILING A RESPONSE TO COMPLAINT
AND VACATE CASE MANAGEMENT
CONFERENCE; ORDER

Defendants.
Plaintiff Aleut Facilities Support Services, LLC (“Plaintiff”); Defendants Stationary

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by and through their respective counsel of record, hereby notify the Court that Plaintiff and

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Defendants Union and Trust Funds have reached a tentative settlement in the above-captioned

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case which is contingent upon further settlement discussions, scheduled to occur within the next

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A Professional Corporation

“Defendants Trust Funds”) and Defendant Stationary Engineers Local 39 (“Defendant Union”),

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1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

Fund and Stationary Engineers Local 39 Annuity Trust Fund (hereinafter collectively

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WEINBERG, ROGER &
ROSENFELD

Engineers Local 39 Health and Welfare Trust Fund, Stationary Engineers Local 39 Pension Trust

sixty (60) days. The Plaintiff and Defendants Trust Funds continued their arbitration hearing to

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Notice of Settlement and Stipulation to Stay Proceedings; Order Thereon
Case No. 3:15-CV-03348-WHO

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December 1, 2015. Likewise, the Union and Plaintiff agreed to continue their arbitration before

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Arbitrator Brogan to February 22, 2016.

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In light of the above, all Parties stipulate to stay the above-captioned matter for ninety

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(90) days to further discuss and finalize their respective settlement agreements. All Parties

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therefore respectfully request that the Court stay this matter for ninety (90) days until December

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24, 2015. Additionally, all Parties stipulate and respectfully request that: the due date for

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Defendants Trust Funds to respond to the Complaint be December 28, 2015; the due date for

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Defendant Union to respond to the Complaint be January 11, 2016; and the Case Management

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Conference currently scheduled for November 3, 2015 be taken off the Court’s calendar.

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Dated: September 25, 2015
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By: /s/ Linda Baldwin Jones
LINDA BALDWIN JONES
Attorneys for Defendants
Stationary Engineers Local 39 Health and
Welfare Trust Fund, Stationary Engineers
Local 39 Pension Trust Fund and Stationary
Engineers Local 39 Annuity Trust Fund

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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.

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Dated: September 25, 2015

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WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By: /s/ Antonio Ruiz
ANTONIO RUIZ
Attorneys for Defendant
Stationary Engineers Local 39

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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Dated: September 25, 2015
LITTLER MENDELSON
A Professional Corporation
By: /s/ Richard N. Hill
RICHARD N. HILL
Attorneys for Plaintiff
Aleut Facilities Support Services, LLC
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Notice of Settlement and Stipulation to Stay Proceedings; Order Thereon
Case No. 3:15-CV-03348-WHO

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ORDER

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The Court has been notified that the that Plaintiff and Defendants Union and Trust Funds

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have reached a tentative settlement in the above-captioned case which is contingent upon further

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settlement discussions, scheduled to occur within the next sixty (60) days. In light of the prospect

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of settlement and based upon the Stipulation of all Parties, the Court stays the above-captioned

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matter for a period of ninety (90) days until December 24, 2015 to allow the parties to formalize

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their settlement. Additionally, the time for Defendants Trust Funds to respond to the Complaint

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in this matter is enlarged from September 29, 2015 until December 28, 2015; the time for

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Defendant Union to respond to the Complaint in this matter is enlarged from October 13, 2015

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until January 11, 2016; and the Case Management Conference currently scheduled for November

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3, 2015 at 2:00 p.m. shall be continued until January 19, 2016 at 2:00 p.m.

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IT IS SO ORDERED.
Dated: September 28, 2015
HONORABLE WILLIAM H. ORRICK
United States District Court Judge

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139113\831509

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

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1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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Notice of Settlement and Stipulation to Stay Proceedings; Order Thereon
Case No. 3:15-CV-03348-WHO