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

Filing 37

STIPULATION AND ORDER RE 36 Requesting to Continue Deadline to File Stipulation of Dismissal and Related Order to Show Cause Hearing. Order to Show Cause Hearing previously set for 4/26/2018 has been continued to 6/14/2018 AT 01:30 PM. Signed by Judge Richard Seeborg on 4/19/18. (cl, COURT STAFF) (Filed on 4/19/2018)

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SEYFARTH SHAW LLP
Kathleen Cahill Slaught (SBN 168129)
E-mail: [e-mail]
Michelle Scannell (SBN 267767)
E-mail: [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]
FRANCZEK RADELET
William R. Pokorny (pro hac vice)
Daniel R. Salemi (pro hac vice)
300 S. Wacker Drive, Suite 3400
Chicago IL 60606
Telephone: [phone]
Facsimile: [phone]
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 CONTINUING
DEADLINE TO FILE STIPULATION OF
DISMISSAL AND RELATED ORDER TO
SHOW CAUSE HEARING
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 CONTINUING DEADLINE TO FILE STIPULATION OF
DISMISSAL AND RELATED ORDER TO SHOW CAUSE HEARING

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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, Plaintiffs BOARD OF TRUSTEES OF

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THE SHEET METAL WORKERS LOCAL 104 HEALTH CARE TRUST; SHEET METAL

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WORKERS PENSION TRUST OF NORTHERN CALIFORNIA; SHEET METAL WORKERS

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LOCAL 104 SUPPLEMENTAL PENSION FUND; SHEET METAL WORKERS LOCAL 104

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VACATION-HOLIDAY SAVINGS FUND; SHEET METAL WORKERS LOCAL 104 AND BAY

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AREA INDUSTRY TRAINING FUND; RICK WERNER, TRUSTEE; and SHEET METAL

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WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION 104, (collectively, “Plaintiffs”)

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and Defendant SCHNEIDER ELECTRIC BUILDINGS AMERICAS, INC. (“Defendant”)

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(collectively, “the Parties”), by and through their counsel, HEREBY STIPULATE AND AGREE AS

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FOLLOWS:

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WHEREAS, on March 2, 2018, the Court issued a Standby Order Of Dismissal (the “Order”)

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(Docket No. 35), ordering the Parties to file a stipulation of dismissal by April 19, 2018. The Order

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specified that if a stipulation of dismissal was not filed by April 19, 2018, the parties were ordered to

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appear on April 26, 2018 at 1:30 p.m. and show cause why the case should not be dismissed.

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WHEREAS, to date, Plaintiffs have executed the settlement agreement negotiated by the Parties.

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The week of April 9, 2018, in response to an inquiry from a representative of Defendant, Plaintiffs

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confirmed the appropriate mailing address for the settlement check. Defendants represent that due to

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internal financial processing systems, it has taken longer than anticipated to process the settlement check

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in this matter. Defendant expects to issue and mail the settlement check by early the week of April 23,

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2108. Defendant’s signatory for the settlement agreement is currently unavailable to sign the settlement

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agreement, but Defendant expects that the signatory will do so when the signatory returns to the office

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on April 20, 2018. Defendant respectfully requests a brief extension of the deadlines specified in the

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Court’s March 2, 2018 Order.

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STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING DEADLINE TO FILE STIPULATION OF
DISMISSAL AND RELATED ORDER TO SHOW CAUSE HEARING

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NOW THEREFORE, the Parties respectfully request that the Court extend the deadlines stated
in the Court’s March 2, 2018 Order as follows:

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May 17, 2018: Deadline for the Parties to file a stipulation of dismissal; and

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May 24, 2018, 1:30 p.m.: Hearing to Show Cause on Dismissal.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: April 18, 2018

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Respectfully submitted,
SEYFARTH SHAW LLP

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By:

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DATED: April 18, 2018

/s/ Michelle M. Scannell
Kathleen Cahill Slaught
Michelle Scannell
Attorneys for Defendant
SCHNEIDER ELECTRIC BUILDINGS AMERICAS,
INC.
Respectfully submitted,
SALTZMAN & JOHNSON LAW CORPORATION

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By:

/s/ Matthew P. Minser
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

SIGNATURE ATTESTATION
The filer of this stipulation, Michelle Scannell, attests that concurrence in the filing of this
document has been obtained from counsel for Plaintiffs.

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STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING DEADLINE TO FILE STIPULATION OF
DISMISSAL AND RELATED ORDER TO SHOW CAUSE HEARING

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DATED: April 18, 2018

SEYFARTH SHAW LLP

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By:

/s/ Michelle M. Scannell
Kathleen Cahill Slaught
Michelle Scannell
Attorneys for Defendant
SCHNEIDER ELECTRIC BUILDINGS
AMERICAS, INC.

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STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING DEADLINE TO FILE STIPULATION OF
DISMISSAL AND RELATED ORDER TO SHOW CAUSE HEARING

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, the Court grants the Parties’ Stipulated Request and

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continues the deadlines in this matter as follows:
June 7,
May 17, 2018: Deadline for the Parties to file a stipulation of dismissal; and
June 14,
May 24, 2018, 1:30 p.m.: Hearing to Show Cause on Dismissal

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IT IS SO ORDERED.

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DATED:

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District Judge Richard Seeborg

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STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING DEADLINE TO FILE STIPULATION OF
DISMISSAL AND RELATED ORDER TO SHOW CAUSE HEARING
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