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

Filing 40

STIPULATION AND REQUEST TO FURTHER STAY PROCEEDINGS, ENLARGE TIME FOR FILING A RESPONSE TO COMPLAINT AND VACATE CASE MANAGEMENT CONFERENCE; ORDER - The time for Defendants Trust Funds to respond to the Complaint in this matter is enlarged from Dec ember 28, 2015 to March 11, 2016; the time for Defendant Union to respond to the Complaint in this matter is enlarged from January 11, 2016 to March 11, 2016; and the Case Management Conference currently scheduled for January 19, 2016 at 2:00 p.m. is removed from the Court's calendar. Signed by Judge William H. Orrick on 11/19/2015. (jmdS, COURT STAFF) (Filed on 11/19/2015)

1
2
3
4
5

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]

6
7

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

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12

ALEUT FACILITIES SUPPORT
SERVICES, LLC,
Plaintiff,

13
14
15
16
17
18
19
20
21

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

STIPULATION AND REQUEST TO
FURTHER 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

22
23

by and through their respective counsel of record, notified the Court on September 25, 2015 that

26

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

27

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

28
A Professional Corporation

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

25

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

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

24

WEINBERG, ROGER &
ROSENFELD

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

the next sixty (60) days. Plaintiff and Defendants Trust Funds continued their arbitration hearing

30
31

1
Stipulation and Request to Further Stay Proceedings; Order
Case No. 3:15-CV-03348-WHO

1

to December 1, 2015 and Plaintiff and Defendant Union continued their arbitration hearing to

2

February 22, 2015.

3

While the Parties were in the process of trying to engage in further settlement discussions,

4

said discussions have been delayed as a result of unfortunate personal matters of one of the key

5

representatives required for the settlement discussions to progress. In light of the foregoing,

6

Plaintiff and Defendant Trust Funds agreed to reschedule their December 1, 2015 arbitration to

7

February 17, 2016.

8

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

9

additional sixty six (66) days to allow the Parties time to further discuss and finalize their

10

respective settlement agreements. All Parties therefore respectfully request that the Court stay

11

this matter for an additional sixty six (66) days until February 29, 2016. Additionally, all Parties

12

stipulate and respectfully request that: the due date for Defendants Trust Funds to respond to the

13

Complaint be March 11, 2016; the due date for Defendant Union to respond to the Complaint be

14

March 11, 2016; and the Case Management Conference currently scheduled for January 19, 2016

15

at 2:00 p.m. be taken off the Court’s calendar and rescheduled for a later date.

16
17
18

Dated: November 19, 2015
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

19
20
21
22
23

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

24

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.

25
26
27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

30

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

31

2
Stipulation and Request to Further Stay Proceedings; Order
Case No. 3:15-CV-03348-WHO

1

Dated: November 19, 2015
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

2
3

By: /s/ Kristina Hillman
KRISTINA HILLMAN
Attorneys for Defendant
Stationary Engineers Local 39

4
5
6
7

Dated: November 19, 2015
LITTLER MENDELSON
A Professional Corporation

8
9
10

By: /s/ Richard N. Hill
RICHARD N. HILL
Attorneys for Plaintiff
Aleut Facilities Support Services, LLC

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

30

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

31

3
Stipulation and Request to Further Stay Proceedings; Order
Case No. 3:15-CV-03348-WHO

1

ORDER

2

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

3

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

4

settlement discussions, which have been delayed as a result of unfortunate personal matters of one

5

of the Parties’ key representatives required for the settlement discussions to progress. In light of

6

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

7

captioned matter for a period of sixty six (66) days until February 29, 2016 to allow the Parties to

8

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

9

Complaint in this matter is enlarged from December 28, 2015 to March 11, 2016; the time for

10

Defendant Union to respond to the Complaint in this matter is enlarged from January 11, 2016 to

11

March 11, 2016; and the Case Management Conference currently scheduled for January 19, 2016

12

at 2:00 p.m. is removed from the Court’s calendar and will be reset by the Court upon expiration

13

of the stay to the extent the Parties have not finalized their respective settlement agreements.

14
15

IT IS SO ORDERED.
Dated: November 19, 2015
HONORABLE WILLIAM H. ORRICK
United States District Court Judge

16
17
139113\836771

18
19
20
21
22
23
24
25
26
27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation

30

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

31

4
Stipulation and Request to Further Stay Proceedings; Order
Case No. 3:15-CV-03348-WHO