Board of Trustees of the Resilient Floor Covering Pension Fund et al v. Front Range Finishes, LLC

Filing 26

STIPULATION AND ORDER re 24 STIPULATION WITH PROPOSED ORDER FURTHER CONTINUING THE CASE MANAGEMENT CONFERENCE filed by Resilient Floor Covering Pension Fund, Board of Trustees of the Resilient Floor Covering Pension Fund. Case Management Statement due by 6/22/2016. Initial Case Management Conference set for 6/29/2016 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on April 15, 2016. (wsn, COURT STAFF) (Filed on 4/15/2016)

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1 2 3 4 5 6 7 8 George M. Kraw (California Bar No. 71551) Donna L. Kirchner (California Bar No. 138320) Katherine McDonough (California Bar No. 241426) Kraw and Kraw Law Group 605 Ellis Street, Suite 200 Mountain View, CA 94043 Telephone: (650) 314-7800 Facsimile: (650) 314-7899 gkraw@kraw.com dkirchner@kraw.com kmcdonough@kraw.com Counsel for Plaintiffs Resilient Floor Covering Pension Fund Board of Trustees, and Resilient Floor Covering Pension Fund 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO / OAKLAND DIVISION 13 14 15 16 17 18 19 BOARD OF TRUSTEES OF THE RESILIENT FLOOR COVERING PENSION FUND, et al, ) ) ) ) Plaintiffs, ) ) v. ) ) Front Range Finishes, LLC, ) ) Defendant. ) ___________________________________ ) Case No.: 4:15-cv-05528 JST STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING THE CASE MANAGEMENT CONFERENCE 20 21 22 WHEREAS a Case Management Conference is currently scheduled for April 20, 2016; and 23 WHEREAS the arbitrator in a related arbitration recently issued his ruling and award, and 24 Plaintiffs wish to amend the complaint herein to include an action to enforce the arbitration award; 25 and 26 WHEREAS the parties have initiated settlement discussions and, because they believe 27 mediation would help the process, they are filing herewith a Stipulation and [proposed] Order 28 Selecting ADR Process; and 4:15-cv-05528 JST Stip and [proposed] Order Further Cont C.M.C. Page 1 1 2 WHEREAS Defendant has graciously agreed to stipulate to leave for Plaintiffs to amend their complaint; and 3 WHEREAS Plaintiff has agreed that the deadline for Defendant to answer to the amended 4 complaint will be extended to 30 days after the amended complaint is filed or after the mediation, 5 whichever occurs later; 6 THEREFORE, it is hereby stipulated between the parties that the Case Management 7 Conference is continued to June 29, 2016, leave be granted for Plaintiffs to file an amended 8 complaint no later than April 29, 2016, and the deadline for Defendant to answer to the amended 9 complaint will be extended to 30 days after the amended complaint is filed or 30 days after the 10 mediation, whichever occurs later. The parties respectfully request that the court issue an order 11 approving said stipulation. 12 Dated: April 14 , 2016 KRAW & KRAW LAW GROUP 13 /s/ Donna Kirchner Donna L. Kirchner Counsel for Plaintiffs 14 15 16 Dated: April 14 , 2016 TRUCKER HUSS, APC 17 18 19 /s/ Sean T. Strauss Sean T. Strauss Counsel for Defendant 20 21 22 ORDER 23 24 Pursuant to the Stipulation of the Parties set forth above, the Case Management Conference 25 set for April 20, 2016 shall be continued to June 29, 2016 at 2:00 p.m. and the Joint Case 26 Management Statement shall be filed no later than one week prior to the scheduled Case 27 Management Conference. Plaintiffs are granted leave to file an amended complaint no later than 28 April 29, 2016. The deadline for Defendant to answer to the amended complaint is extended to 30 4:15-cv-05528 JST Stip and [proposed] Order Further Cont C.M.C. Page 2 IT IS SO ORDERED. S Dated: ________________ April 15, 2016 5 _________________________________ HONORABLE JON S. TIGARD ERE United Stated DistrictRD Judge SO O Court IS UNIT ED 4 RT U O 3 S DISTRICT TE C TA IT 6 NO RT ER 9 10 S . Ti ga r A H 8 n J u d ge J o LI 7 R NIA 2 days after the amended complaint is filed or 30 days after the mediation, whichever occurs later. FO 1 N F D IS T IC T O R C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4:15-cv-05528 JST Stip and [proposed] Order Further Cont C.M.C. Page 3 1 2 3 4 ATTESTATION I, Donna Kirchner, attest that Sean T. Strauss, attorney for the Defendant, FRONT RANGE FINISHES, LLC, has read and approved the foregoing STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING THE CASE MANAGEMENT CONFERENCE, and has consented to its filing in this action. 5 /s/ Donna Kirchner Donna L. Kirchner 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4:15-cv-05528 JST Stip and [proposed] Order Further Cont C.M.C. Page 4

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