Boards of Trustees of the Sheet Metal Workers Local 104 Health Care Trust et al v. Schneider Electric Buildings Americas, Inc.

Filing 31

STIPULATION AND ORDER RE 30 FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE, DEADLINE FOR DEFENDANT TO RESPOND TO COMPLAINT, AND DEADLINE TO SELECT ADR PROCESS AND FILE ADR STIPULATIONS. Case Management Statement due by 3/1/2018. Initial Case Management Conference previously set for 12/21/2017 continued to 3/8/2018 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 12/8/17. (cl, COURT STAFF) (Filed on 12/8/2017)

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1 2 3 4 5 6 7 8 9 10 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. 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 25 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 VACATION-HOLIDAY SAVINGS FUND; Case No. 3:17-cv-02567-RS STIPULATED REQUEST AND [PROPOSED] ORDER FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE, DEADLINE FOR DEFENDANT TO RESPOND TO COMPLAINT, AND DEADLINE TO SELECT ADR PROCESS AND FILE ADR STIPULATIONS AS MODIFIED BY THE COURT Complaint Filed: May 4, 2017 SHEET METAL WORKERS LOCAL 104 AND BAY AREA INDUSTRY TRAINING FUND; RICK WERNER, TRUSTEE; and SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION 104, Plaintiffs, 26 27 28 STIPULATED REQUEST AND [PROPOSED] ORDER FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE, DEADLINE FOR DEFENDANT TO RESPOND TO COMPLAINT, AND DEADLINE TO SELECT ADR PROCESS AND FILE ADR STIPULATIONS 1 v. 2 3 4 SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC., a Delaware corporation., Defendant. 5 6 Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, and 16-2(e), and ADR Local Rule 3-5, 7 Plaintiffs BOARD OF TRUSTEES OF THE SHEET METAL WORKERS LOCAL 104 HEALTH 8 CARE TRUST; SHEET METAL WORKERS PENSION TRUST OF NORTHERN CALIFORNIA; 9 SHEET METAL WORKERS LOCAL 104 SUPPLEMENTAL PENSION FUND; SHEET METAL 10 WORKERS LOCAL 104 VACATION-HOLIDAY SAVINGS FUND; SHEET METAL WORKERS 11 LOCAL 104 AND BAY AREA INDUSTRY TRAINING FUND; RICK WERNER, TRUSTEE; and 12 SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION 104, 13 (collectively, “Plaintiffs”) and Defendant SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. 14 (“Defendant”) (collectively, “the Parties”), by and through their counsel, HEREBY STIPULATE AND 15 AGREE AS FOLLOWS: 16 WHEREAS, presently, the deadline for the parties to select an ADR process or file a notice of 17 need for ADR phone conference was December 5, 2017. The deadline for Defendant to respond to 18 Plaintiffs’ Complaint is December 15, 2017, and an initial Case Management Conference is scheduled 19 for December 21, 2017. 20 WHEREAS, the Parties are in the process of negotiating a potential resolution to this action. 21 Due to the fact that the negotiation and settlement process requires input from Plaintiff’s Board of 22 Trustees and to other scheduling difficulties, the negotiation of a potential settlement and 23 accompanying paperwork is not yet complete. A few weeks ago, Plaintiffs presented to Defendant a 24 proposed declaration as part of Plaintiffs’ settlement proposal, which at this time is under consideration 25 with Defendant. The Parties are working diligently and in good faith to complete a settlement, and 26 hope to reach an agreement within the next sixty days. In the interest of conserving judicial and party 27 resources while the Parties continue to attempt to settle this matter, the Parties respectfully request that 28 2 STIPULATED REQUEST AND [PROPOSED] ORDER FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE, DEADLINE FOR DEFENDANT TO RESPOND TO COMPLAINT, AND DEADLINE TO SELECT ADR PROCESS AND FILE ADR STIPULATIONS 1 the Court issue a 60-day continuance of all deadlines in this matter, as set forth below. If the Parties 2 reach an agreement within the next 60 days, the Parties will promptly notify the Court. 3 WHEREAS, pursuant to Local Civil Rule 6-2(a)(2), the Parties provide that pursuant to prior 4 requests, the Court has previously granted continuances in this matter. On August 24, 2017, the Court 5 ordered that the CMC was continued to October 26, 2017. On October 6, 2017, the Court extended the 6 deadline for the parties to select an ADR process or file a notice of need for ADR phone conference, to 7 December 5, 2017. On October 11, 2017, the Court continued the deadline for Defendant to respond to 8 the Complaint to December 15, 2017, and continued the CMC to December 21, 2017. 9 10 11 12 NOW THEREFORE, the Parties respectfully request that the Court extend present deadlines as follows: February 5, 2018: Deadline for the parties to select an ADR process of file a notice of need for ADR conference; 13 February 15, 2018: Deadline for Defendant to respond to the Complaint; and 14 February 22, 2018: Case Management Conference. 15 All other related deadlines shall be continued accordingly. 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 18 DATED: December 7, 2017 Respectfully submitted, SEYFARTH SHAW LLP 19 20 21 22 23 By: /s/ Michelle M. Scannell Kathleen Cahill Slaught Michelle Scannell Attorneys for Defendant SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. 24 25 26 27 28 3 STIPULATED REQUEST AND [PROPOSED] ORDER FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE, DEADLINE FOR DEFENDANT TO RESPOND TO COMPLAINT, AND DEADLINE TO SELECT ADR PROCESS AND FILE ADR STIPULATIONS 1 DATED: December 7, 2017 2 Respectfully submitted, SALTZMAN & JOHNSON LAW CORPORATION 3 4 By: /s/ Michele R. Stafford Michele R. Stafford Matthew P. Minser 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 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 5 6 7 8 9 10 11 12 13 SIGNATURE ATTESTATION 14 The filer of this stipulation, Michelle Scannell, attests that concurrence in the filing of this 15 document has been obtained from counsel for Plaintiffs. 16 DATED: December 7, 2017 SEYFARTH SHAW LLP 17 By: /s/ Michelle M. Scannell Kathleen Cahill Slaught Michelle Scannell Attorneys for Defendant SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATED REQUEST AND [PROPOSED] ORDER FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE, DEADLINE FOR DEFENDANT TO RESPOND TO COMPLAINT, AND DEADLINE TO SELECT ADR PROCESS AND FILE ADR STIPULATIONS 1 [PROPOSED] ORDER 2 PURSUANT TO STIPULATION, IT IS SO ORDERED, the Court grants the Parties’ 3 4 5 Stipulated Request and sets the following deadlines in this matter: February 5, 2018: Deadline for the parties to select an ADR process of file a notice of need for ADR conference; 7 February 15, 2018: Deadline for Defendant to respond to the Complaint; and March 8, 2018 February 22, 2018, 10:00 a.m.: Case Management Conference. 8 All other related deadlines shall be continued accordingly. 6 9 10 DATED: 12/8/17 District Judge Richard Seeborg 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5 28 STIPULATED REQUEST AND [PROPOSED] ORDER FOR FURTHER CONTINUANCE OF CASE MANAGEMENT CONFERENCE, DEADLINE FOR DEFENDANT TO RESPOND TO COMPLAINT, AND DEADLINE TO SELECT ADR PROCESS AND FILE ADR STIPULATIONS 42891984v.1 / 057434-000056

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