Automotive Industries Pension Trust Fund et al v. Mike Rose's Auto Body, Inc. et al

Filing 31

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER AND JOINT REQUEST TO EXTEND THE DEADLINE FOR MEDIATION filed by Automotive Industries Pension Trust Fund, Rich Morales, Stephen J. Mack, Trustee, James H. Beno, John Dibernardo, Trustee, James Schwantz, Trustee, Scott Pagter, Trustee, Don Crosatto, Trustee, Robert Hirsch, Douglas Cornford, Trustee. Signed by Judge Jon S. Tigar on July 31, 2017. (wsn, COURT STAFF) (Filed on 7/31/2017)

1 Anne M. Bevington (SBN 111320)
[e-mail]
2 Kimberly A. Hancock (SBN 205567)
[e-mail]
3 Carol A. Treasure (SBN 225751)
4 [e-mail]
SALTZMAN & JOHNSON LAW CORPORATION
5 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
6 Telephone: [phone]
Facsimile: [phone]
7
8 Attorneys for Plaintiffs Automotive Industries Pension Trust Fund,
and Trustees James H. Beno, Don Crosatto, Stephen J. Mack, James Schwantz,
9 Doug Cornford, John DiBernardo, Jose Santana, and James Wells
10 Robert F. Schwartz, No. 227327
Clarissa A. Kang, No. 210660
11 Jahiz Noel Agard, No. 282988
TRUCKER  HUSS
12 A Professional Corporation
One Embarcadero Center, 12th Floor
13 San Francisco, CA 94111
Telephone:
[phone]
[phone]
14 Facsimile:
E-mail:
[e-mail]
[e-mail]
15
[e-mail]
16
Attorneys for Defendants
17 Mike Rose’s Auto Body, Inc., Washington
Township Central Investment Co., William
18 F. Brunelli, James R. Brunelli, Andrew M.
Brunelli, Joan M Brunelli Devries, Barbara
19 A. Brunelli Young, Richard R. Brunelli
20

UNITED STATES DISTRICT COURT

21

FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case No.: 17-cv-00602 JST
_____________

AUTOMOTIVE INDUSTRIES PENSION
23 TRUST FUND, et al.,
24
25

v.

Plaintiffs,

STIPULATION AND JOINT
REQUEST TO EXTEND THE
DEADLINE FOR MEDIATION;
PROPOSED ORDER

MIKE ROSE’S AUTO BODY INC., a
26 California corporation, et al.
27 Defendants.
28

STIP AND JOINT REQUEST TO CONTINUE MEDIATION DATE; PROPOSED ORDER
CASE NO. 17-cv-00602 JST

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P:\CLIENTS\AUTPF\W\CASES\Central Collision\Pleadings - Mike Rose's\All Pleadings\Stip to Extend Mediation Deadline (C17-602).doc

1

IT IS HEREBY STIPULATED by and between the parties to this action, by and through

2 their attorneys of record, and the parties jointly request that the Court permit them to extend the
3 deadline for their mediation session, currently set as September 16, 2017, to September 20, 2017
4 due to the availability of all parties and participants. The parties submit that good cause exists for
5 the following reasons.
6

1.

On June 16, 2017, the parties filed a stipulation selecting ADR process and agreed

7 that mediation would be completed within 90 days from the date of the Court’s order adopting the
8 stipulation. The presumptive deadline for the mediation session is Saturday, September 16, 2017.
9 (90 days from the date of the court’s order adopting the stipulation) On June 18, 2017, the
10 Honorable Jon S. Tigar signed the order.
11

2.

On June 20, 2017, the parties were assigned to mediator Robert Hirsch, Esq.

12

3.

On July 24, 2017, the parties participated in a pre-mediation phone conference with

13 Mediator Hirsh. During that conference call with the Mediator, the parties proposed several dates
14 for scheduling the Mediation subject to the availability of all parties.
15

4.

The parties intend to conduct written discovery involving the exchange of

16 documents prior to the Mediation.
17

5.

On July 26, 2017, the parties essential to resolving the case confirmed their

18 availability to hold the mediation on September 20, 2017.
19

6.

For the reasons stated above, the parties respectfully request that the Court permit

20 the parties to hold the mediation session on September 20, 2017, which should allow sufficient
21 time to complete the ADR process well in advance of Trial, scheduled for October 29, 2018.
22

7.

The parties respectfully request that the Court approve this stipulation and

23 incorporate its terms in an Order.
24

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STIP AND JOINT REQUEST TO CONTINUE MEDIATION DATE; PROPOSED ORDER
CASE NO. 17-cv-00602 JST

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P:\CLIENTS\AUTPF\W\CASES\Central Collision\Pleadings - Mike Rose's\All Pleadings\Stip to Extend Mediation Deadline (C17-602).doc

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IT IS SO STIPULATED.

2

SALTZMAN & JOHNSON LAW CORPORATION

3 DATED: July 27, 2017

By: /S/ Carol A. Treasure
Anne M. Bevington
Kimberly Hancock
Carol A. Treasure
Attorneys for Plaintiffs

4
5
6

TRUCKER  HUSS

7
8 DATED: July 27, 2017
9

By: /S/ Robert Schwartz
Robert Schwartz
Attorneys for Defendants

10
CERTIFICATION RE SIGNATURES

11
12

I attest that concurrence in the filing of this document has been obtained from each of the

13

other Signatories.

14

Dated: July 27, 2017

/s/ Carol A. Treasure
CAROL A. TREASURE

15
16 IT IS SO ORDERED.
17 Dated: July 31, 2017
18
19

HON. JON S. TIGAR
United States District Judge

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STIP AND JOINT REQUEST TO CONTINUE MEDIATION DATE; PROPOSED ORDER
CASE NO. 17-cv-00602 JST

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