Boards of Trustees of the Sheet Metal Workers Local 104 Health Care Trust et al v. Schneider Electric Buildings Americas, Inc.
Filing
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STIPULATION AND ORDER RE 26 to Extend Deadline to Select ADR Process or File Notice of Need for ADR Phone Conference. Signed by Judge Richard Seeborg on 10/6/17. (cl, COURT STAFF) (Filed on 10/6/2017)
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SEYFARTH SHAW LLP
Kathleen Cahill Slaught (SBN 168129)
E-mail: kslaught@seyfarth.com
Michelle Scannell (SBN 267767)
E-mail: mscannell@seyfarth.com
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
(415) 397-2823
Facsimile:
(415) 397-8549
FRANCZEK RADELET
William R. Pokorny (pro hac vice)
Daniel R. Salemi (pro hac vice))
300 S. Wacker Drive, Suite 3400
Chicago IL 60606
Telephone: (312) 786-6141
Facsimile: (312) 986-9192
Attorneys for Defendant
SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BOARD OF TRUSTEES OF THE SHEET
METAL WORKERS LOCAL 104 HEALTH
CARE TRUST;
SHEET METAL WORKERS PENSION TRUST
OF NORTHERN CALIFORNIA;
SHEET METAL WORKERS LOCAL 104
SUPPLEMENTAL PENSION FUND;
STIPULATED REQUEST AND
[PROPOSED] ORDER TO EXTEND
DEADLINE TO SELECT ADR PROCESS
OR FILE NOTICE OF NEED FOR ADR
PHONE CONFERENCE
Complaint Filed: May 4, 2017
SHEET METAL WORKERS LOCAL 104
VACATION-HOLIDAY SAVINGS FUND;
SHEET METAL WORKERS LOCAL 104 AND
BAY AREA INDUSTRY TRAINING FUND;
RICK WERNER, TRUSTEE; and
SHEET METAL WORKERS INTERNATIONAL
ASSOCIATION LOCAL UNION 104,
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Case No. 3:17-cv-02567-RS
Plaintiffs,
v.
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STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND DEADLINE TO SELECT ADR PROCESS OR
FILE NOTICE OF NEED FOR ADR PHONE CONFERENCE
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SCHNEIDER ELECTRIC BUILDINGS
AMERICAS, INC., a Delaware corporation.,
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Defendant.
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Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, and ADR Local Rule 3-5, Plaintiffs
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BOARD OF TRUSTEES OF THE SHEET METAL WORKERS LOCAL 104 HEALTH CARE
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TRUST; SHEET METAL WORKERS PENSION TRUST OF NORTHERN CALIFORNIA; SHEET
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METAL WORKERS LOCAL 104 SUPPLEMENTAL PENSION FUND; SHEET METAL
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WORKERS LOCAL 104 VACATION-HOLIDAY SAVINGS FUND; SHEET METAL WORKERS
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LOCAL 104 AND BAY AREA INDUSTRY TRAINING FUND; RICK WERNER, TRUSTEE; and
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SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION 104,
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(collectively, “Plaintiffs”) and Defendant SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC.
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(“Defendant”) (collectively, “the Parties”), by and through their counsel, HEREBY STIPULATE AND
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AGREE AS FOLLOWS:
WHEREAS, October 5, 2017 is the current deadline for the Parties to file a stipulation selecting
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an ADR process, or the notice of a need for an ADR phone conference.
WHEREAS, the Parties continue to consider whether this case may be resolved without the
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need for further litigation, and whether and to what extent the Parties intend to utilize an ADR
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procedure if litigation proceeds; and
WHEREAS, on August 23, 2017, the Parties filed a Stipulation confirming that the deadline for
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Defendant to respond to the Complaint was extended to October 16, 2017, and requesting that the
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Court continue the Case Management Conference and all other deadlines triggered by the Case
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Management Conference. On August 24, 2017, the Court ordered that the CMC was continued to
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October 26, 2017.
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STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND DEADLINE TO SELECT ADR PROCESS OR
FILE NOTICE OF NEED FOR ADR PHONE CONFERENCE
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NOW THEREFORE, the Parties respectfully request that the Court grant a 60-day extension for
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the Parties’ deadline to select an ADR process or file a notice of need for an ADR phone conference,
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thereby continuing the deadline from October 5, 2017 to December 5, 2017.
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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: October 5, 2017
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Respectfully submitted,
SEYFARTH SHAW LLP
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By:
/s/ Kathleen Cahill Slaught
Kathleen Cahill Slaught
Michelle Scannell
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Attorneys for Defendant
SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC.
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DATED: October 5, 2017
Respectfully submitted,
SALTZMAN & JOHNSON LAW CORPORATION
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By:
/s/ Michelle R. Stafford
Michele R. Stafford
Matthew P. Minser
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Attorneys for Plaintiffs
BOARD OF TRUSTEES OF THE SHEET METAL
WORKERS LOCAL 104 HEALTH CARE TRUST;
SHEET METAL WORKERS PENSION TRUST OF
NORTHERN CALIFORNIA; SHEET METAL WORKERS
LOCAL 104 SUPPLEMENTAL PENSION FUND; SHEET
METAL WORKERS LOCAL 104 VACATIONHOLIDAY SAVINGS FUND; SHEET METAL
WORKERS LOCAL 104 AND BAY AREA INDUSTRY
TRAINING FUND; RICK WERNER, TRUSTEE; and
SHEET METAL WORKERS INTERNATIONAL
ASSOCIATION LOCAL UNION 104
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STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND DEADLINE TO SELECT ADR PROCESS OR
FILE NOTICE OF NEED FOR ADR PHONE CONFERENCE
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SIGNATURE ATTESTATION
The filer of this stipulation, Kathleen Cahill Slaught, attests that concurrence in the filing of this
document has been obtained from counsel for Plaintiffs.
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DATED: October 5, 2017
SEYFARTH SHAW LLP
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By:
/s/ Kathleen Cahill Slaught
Kathleen Cahill Slaught
Michelle Scannell
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Attorneys for Defendant
SCHNEIDER ELECTRIC BUILDINGS
AMERICAS, INC.
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED, that the Parties’ deadline to select
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an ADR process or file a notice of need for an ADR phone conference is continued from October 5,
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2017 to December 5, 2017.
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DATED: 10/6/17
District Judge Richard Seeborg
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40597933v.1
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STIPULATED REQUEST AND [PROPOSED] ORDER TO EXTEND DEADLINE TO SELECT ADR PROCESS OR
FILE NOTICE OF NEED FOR ADR PHONE CONFERENCE
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