United Association of Journeyman and Apprentices of the Plumbing and Pipe Fitting Industry, Underground Utility/Landscape Local Union No. 355 et al v. Maniglia Landscape, Inc. et al

Filing 161

STIPULATION AND ORDER RE 160 CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 8/29/2019 AT 10:00 AM in San Francisco, Courtroom 03, 17th Floor. Jury Selection/Trial set for 2/10/2020 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 1/7/19. (cl, COURT STAFF) (Filed on 1/7/2019)

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5 McCRACKEN, STEMERMAN, HOLSBERRY, LLP John J. Davis, Jr., SBN 65594 jjdavis@msh.law David L. Barber, SBN 294450 dbarber@msh.law 595 Market Street, Suite 800 San Francisco, CA 94105 Telephone: 415-597-7200 Fax: 415-597-7201 6 Attorneys for Plaintiffs 1 2 3 4 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 12 13 14 15 UNITED ASSOCIATION OF JOURNEYMAN AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY, UNDERGROUND UTILITY/LANDSCAPE LOCAL UNION NO. 355; MIGUEL INIGUEZ and FELIPE HERNANDEZ, as Local 355 Trustees; FRANCISCO CRUZ ORTIZ and ALEJANDRO TREJO, 16 17 18 19 20 21 22 23 24 25 26 Plaintiffs, v. MANIGLIA LANDSCAPE, INC.; COHEN LANDSCAPE SERVICES, INC.; LANDSCAPE CONTRACTORS COUNCIL OF NORTHERN CALIFORNIA; BARRY L. COHEN; LINDA G. ROSSMAN; OSCAR DE LA TORRE, DOYLE RADFORD, DAVID GORGAS, BRUCE RUST, FERNANDO ESTRADA, BYRON LONEY, ROBERT CHRISP, BILL KOPONEN, LARRY NIBBI AND MANUEL DE SANTIAGO, AS TRUSTEES OF THE LABORERS TRUST FUNDS FOR NORTHERN CALIFORNIA; NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS; AND DOES 1 THROUGH 50, 27 28 Defendants. _______________________________________ ) Case No. 17-CV-3037 RS ) ) ) CASE SCHEDULING STIPULATION ) AND ) [proposed] ORDER AFTER ) ) CASE MANAGEMENT CONFERENCE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) / CASE SCHEDULING STIPULATION AND [proposed] ORDER AFTER CASE MANAGEMENT CONFERENCE 17-CV-3037 RS 1 2 STIPULATION RE CASE SCHEDULING Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the parties attended a Case 3 Management Conference on December 20, 2018, where the Court and the parties agreed to the 4 following: 5 1. ALTERNATIVE DISPUTE RESOLUTION. 6 The parties have completed a session of mediation with the Hon. John M. True. No further 7 mediation is presently planned. 8 2. AMENDING THE PLEADINGS. 9 Any amendment of the pleadings after the date of this stipulation and order shall be 10 11 governed by Rule 15 of the Federal Rules of Civil Procedure. On November 30, 2018, Plaintiffs filed a Third Amended Complaint. The Laborers 12 Defendants moved to strike that complaint, and the motion is presently under submission. 13 Plaintiffs and the Employer Defendants have agreed that the Employer Defendants will not be 14 required to respond to the Third Amended Complaint until the Court has ruled on the pending 15 motion to strike, and will be subject to the same terms the Court sets for the Laborers Defendants. 16 3. DISCOVERY. 17 On or before July 12, 2019, all non-expert discovery shall be completed by the parties. 18 Until the Further Case Management Conference on August 29, 2019, the parties shall engage in 19 interim discovery. Interim discovery shall be limited as follows: (a) six (6) non-expert depositions 20 per party; (b) twenty-five (25) interrogatories per party as discussed, including all discrete 21 subparts; (c) a reasonable number of requests for production of documents or for inspection per 22 party; and (d) a reasonable number of requests for admission per party. 23 4. DISCOVERY DISPUTES. 24 Discovery disputes will be referred to a Magistrate Judge. After the parties have met and 25 conferred, the parties shall prepare a joint letter of not more than 5 pages explaining the dispute. 26 Up to 12 pages of attachments may be added. The joint letter must be electronically filed under 27 the Civil Events category of “Motions and Related Filings > Motions--General > Discovery 28 Letter Brief.” The Magistrate Judge to whom the matter is assigned will advise the parties of 1 CASE SCHEDULING STIPULATION AND [proposed] ORDER AFTER CASE MANAGEMENT CONFERENCE 17-CV-3037 RS 1 how that Judge intends to proceed. The Magistrate Judge may issue a ruling, order more formal 2 briefing, or set a telephone conference or a hearing. After a Magistrate Judge has been assigned, 3 all further discovery matters shall be filed pursuant to that Judge’s procedures. 4 5. EXPERT WITNESSES. 5 On or before July 26, 2019, all discovery of expert witnesses pursuant to Federal Rule of 6 Civil Procedure 26(b)(4) shall be completed. 7 6. FURTHER CASE MANAGEMENT CONFERENCE. 8 A Further Case Management Conference shall be held on August 29, 2019 at 10:00 a.m. 9 in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, 10 California. The parties shall file a Joint Case Management Statement at least one week prior to 11 the Conference. 12 7. DISPOSITIVE MOTIONS. 13 Dispositive motions will be heard no later than October 3, 2019. The parties may modify 14 a motion’s briefing schedule by agreement, but reply briefs must be filed no later than two weeks 15 before a motion’s hearing date. 16 8. TRIAL. 17 This case is set for trial on February 10, 2020, at 8:30 a.m.. 18 IT IS SO STIPULATED. 19 Dated: January 7, 2019 20 By: /s/ John J. Davis, Jr. John J. Davis, Jr. David L. Barber Attorney for Plaintiffs 21 22 23 24 McCRACKEN, STEMERMAN & HOLSBERRY Dated: January 7, 2019 WEINBERG, ROGER & ROSENFELD 25 26 27 28 By: /s/ Conchita Lozano-Batista Conchita Lozano-Batista, Attorney for Defendants Laborers Trustees and Northern California District Council of Laborers 2 CASE SCHEDULING STIPULATION AND [proposed] ORDER AFTER CASE MANAGEMENT CONFERENCE 17-CV-3037 RS 1 Dated: January 7, 2019 2 By: /s/ Michelle Q. Carter James A. Carter Michelle Q. Carter Attorneys for Employer Defendants 3 4 5 6 CARTER, CARTER, FRIES & GRUNSCHLAG Attestation Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the 7 filing of this document has been obtained from the other signatories. 8 Dated: January 7, 2019 By: /s/ John J. Davis, Jr. 9 John J. Davis, Jr. 10 ORDER OF APPROVAL 11 12 IT IS SO ORDERED. 13 14 15 Dated: January ___, 2019 7 ________________________________ Hon. RICHARD SEEBORG United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3 CASE SCHEDULING STIPULATION AND [proposed] ORDER AFTER CASE MANAGEMENT CONFERENCE 17-CV-3037 RS

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