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
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STIPULATION AND ORDER RE 40 TO EXTEND TIME FOR PLAINTIFFS TO RESPOND TO DEFENDANTS' MOTIONS TO DISMISS; AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES; DECLARATION OF MICHELLE CARTER IN SUPPORT. Initial Case Manage ment Conference previously set for 8/24/2017 continued to 10/12/2017 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Case Management Statement due by 10/5/2017. Signed by Judge Richard Seeborg on 8/10/17. (cl, COURT STAFF) (Filed on 8/10/2017)
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James A. Carter (CBN 33119)
Michelle Q. Carter (CBN 184005)
CARTER CARTER FRIES & GRUNSCHLAG
44 Montgomery Street, Suite 2405
San Francisco, CA 94104
Telephone:
415.989.4800
Facsimile:
415.989.4864
Email:
michelle@carterfries.com
Attorneys for Defendants
MANIGLIA LANDSCAPE, INC.; COHEN
LANDSCAPE SERVICES, INC.; THE CELTIS
GROUP, INC.; LANDSCAPE CONTRACTORS
COUNCIL OF NORTHERN CALIFORNIA
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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UNITED ASSOCIATION OF JOURNEYMAN
AND APPRENTICES OF THE PLUMBING
AND PIPE FITTING INDUSTRY,
UNDERGROUND UTILITY/LANDSCAPE
LOCAL UNION NO. 355, ET AL.,
Plaintiffs,
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v.
MANIGLIA LANDSCAPE, INC., ET AL.,
Case No.: 3:17-cv-03037-RS
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR
PLAINTIFFS TO RESPOND TO
DEFENDANTS’ MOTIONS TO
DISMISS; AND TO CONTINUE THE
CASE MANAGEMENT CONFERENCE
AND ASSOCIATED DEADLINES;
DECLARATION OF MICHELLE
CARTER IN SUPPORT
Defendants.
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Pursuant to Civil Local Rule 6-1(b), 6-2, 7-12, and 16-2(d), Plaintiffs UNITED
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ASSOCIATION OF JOURNEYMAN AND APPRENTICES OF THE PLUMBING AND PIPE
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FITTING INDUSTRY UNDERGROUND UTILITY/LANDSCAPE LOCAL UNION NO. 355,
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MIGUEL INIGUEZ and FELIPE HERNANDEZ as Local 355 Trustees, FRANCISCO CRUZ
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ORTIZ, and ALEJANDRO TREJO (“Plaintiffs”), Defendants MANIGLIA LANDSCAPE, INC.,
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COHEN LANDSCAPE SERVICES, INC., THE CELTIS GROUP, INC., and LANDSCAPE
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CONTRACTORS COUNCIL OF NORTHERN CALIFORNIA (“Contractor Defendants”) and
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Defendants OSCAR DE LA TORRE, DOYLE RADFORD, DAVID GORGAS, BRUCE RUST,
STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
Case No.: 3:17-cv-03037-RS
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FERNANDO ESTRADA, BRYON LONEY, ROBERT CHRISP, BILL KOPONEN, LARRY
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NIBBI and MANUEL DE SANTIAGO (“Laborers Trustee Defendants”) (all collectively
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“Defendants”) (all, along with Plaintiffs, the “Parties”), hereby submit the following stipulation:
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WHEREAS, both the Contractor Defendants and the Laborers Trustee Defendants have
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filed motions to dismiss the Plaintiffs’ complaint (“Dismissal Motions”), which are currently set
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to be heard on September 14, 2017; Plaintiffs’ responses to the Dismissal Motions are currently
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due on August 11 and August 17, 2017; the Parties believe that an extension of time to August
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24, 2017 for Plaintiffs to respond to the Dismissal Motions would be in the interests of justice and
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judicial economy; and the requested change would not alter the hearing date but would change the
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deadline for Defendants to file their replies, if any (see Declaration of Michelle Carter in Support
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of Stipulation (“Carter Decl.”) ¶¶ 2-4);
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WHEREAS, the granting of some/all of the Dismissal Motions could dispose of the entire
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action or remove Defendants from the litigation; the parties do not want to spend time and money
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engaging in potentially unnecessary litigation-related activities or waste the Court’s time and
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resources unnecessarily while the status of the case is uncertain; the Parties believe a continuance
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of the case management conference from August 24, 2017 to October 12, 2017, along with a
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corresponding extension of all related deadlines to a time after the Dismissal Motions have been
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heard, would be in the interests of justice and judicial economy; and the requested continuance of
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the case management conference would change the associated deadlines in the initial scheduling
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order to September 21, 2017 and October 5, 2017 (see Carter Decl. ¶¶ 5-7); and
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WHEREAS, the only prior extension in this lawsuit was a stipulated extension of the
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deadline for Contractor Defendants to respond the first amended complaint (see Carter Decl. ¶ 8);
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties,
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through their respective counsel, that:
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Plaintiffs shall respond to the Dismissal Motions on or before August 24, 2017;
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Defendants shall file any replies in support of the Motions on or before August 31, 2017;
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The Initial Case Management Conference shall be continued from August 24, 2017 to
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October 12, 2017 at 10:00 a.m. in Courtroom 3, 17th Floor, 450 Golden Gate Ave., S.F.;
STIPULATION TO EXTEND TIME AND
CONTINUE CMC AND RELATED DATES
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Case No.: 3:17-cv-03037-RS
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The associated deadlines identified in the initial scheduling order shall be continued as
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follows: (1) the deadline to meet and confer regarding initial disclosures, early settlement, ADR
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process selection, and a discovery plan shall be moved from August 3, 2017 to September 21,
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2017; (2) the deadline to file ADR certification and stipulation to ADR or notice of need for a
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phone conference shall be moved from August 3, 2017 to September 21, 2017; (3) the deadline to
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file Rule 26(f) report shall be moved from August 17, 2017 to October 5, 2017; (4) the deadline
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to complete initial disclosures shall be moved from August 17, 2017 to October 5, 2017; and (5)
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the deadline to file the initial case management statement shall be moved from August 17, 2017
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to October 5, 2017.
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IT IS SO STIPULATED
Dated: August 9, 2017
CARTER CARTER FRIES & GRUNSCHLAG
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By: /s/Michelle Q. Carter
Michelle Carter
Attorneys for Defendants
Maniglia Landscape, Inc., Cohen Landscape Services, Inc.,
The Celtis Group, Inc., and Landscape Contractors Council
of Northern California
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Dated: August 9, 2017
WEINBERG, ROGER & ROSENFELD
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By: /s/Concepción E. Lozano-Batista
Concepción E. Lozano-Batista
Attorneys for Defendants
Oscar De La Torre, Doyle Radford, David Gorgas, Bruce
Rust, Fernando Estrada, Bryon Loney, Robert Chrisp, Bill
Koponen, Larry Nibbi and Manuel De Santiago
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Dated: August 9, 2017
McCRACKEN, STEMERMAN & HOLSBERRY LLP
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By: /s/ Yonina Alexander
Yonina Alexander
Attorneys for Plaintiffs
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
STIPULATION TO EXTEND TIME AND
CONTINUE CMC AND RELATED DATES
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Case No.: 3:17-cv-03037-RS
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Dated: August 10 , 2017
Hon. Richard Seeborg
U.S. District Judge, Northern District of California
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STIPULATION TO EXTEND TIME AND
CONTINUE CMC AND RELATED DATES
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Case No.: 3:17-cv-03037-RS
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DECLARATION OF MICHELLE CARTER IN SUPPORT OF STIPULATION
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I, MICHELLE CARTER, do hereby declare:
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1. I am an attorney at law, duly licensed to practice before the United States District
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Court for the Northern District of California; I represent the Contractor Defendants in the above-
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entitled action. I make this declaration based on my own knowledge.
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2. All Defendants have moved to dismiss the first amended complaint in this action (the
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Dismissal Motions), which are currently set to be heard on September 14, 2017. Plaintiffs’
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response to the Contractor Defendants’ Motion is currently due on August 11, and their response
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to the Laborers Trustee Defendants’ Motion is currently due on August 17, 2017.
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3. Because both Dismissal Motions were filed in close proximity, and make different
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arguments, the parties believe that an extension of time to August 24, 2017 for Plaintiffs to
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respond to the Dismissal Motions would be in the interests of justice and judicial economy.
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4. Extending the Plaintiffs’ deadline to respond to the Dismissal Motions will not alter the
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hearing date on the Dismissal Motions, but would extend the deadline for all Defendants to file
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any replies in support of the Dismissal Motions from August 18, 2017 (Contractor Defendants)
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and August 24, 2017 (Laborers Trustee Defendants) to August 31, 2017.
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5. Since the granting of some or all of the Dismissal Motions could dispose of the entire
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action or remove some Defendants from the litigation, the parties do not want to spend time and
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money engaging in potentially unnecessary litigation-related activities such as ADR selection,
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discovery plans, initial disclosures, and preparation of a case management statement while the
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status of the case is uncertain; nor do they want to waste the Court’s time and resources
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unnecessarily.
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6. The Parties therefore believe that a continuance of the case management conference
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from August 24, 2017 to October 12, 2017, along with a corresponding extension of all related
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deadlines to a time after the Dismissal Motions have been heard, would be in the interests of
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justice and judicial economy. Allowing time for the Dismissal Motions to be heard and decided
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may streamline the litigation and avoid unnecessary work and/or multiple proceedings.
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STIPULATION TO EXTEND TIME AND
CONTINUE CMC AND RELATED DATES
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Case No.: 3:17-cv-03037-RS
7. A continuance of the case management conference to October 12, 2017 would change
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the associated deadlines in the initial scheduling order as follows: (a) the deadline to meet and
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confer regarding initial disclosures, early settlement, ADR process selection, and a discovery plan
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would be moved from August 3, 2017 to September 21, 2017; (b) the deadline to file ADR
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certification and stipulation to ADR or notice of need for a phone conference would be moved
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from August 3, 2017 to September 21, 2017; (c) the deadline to file Rule 26(f) report would be
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moved from August 17, 2017 to October 5, 2017; (d) the deadline to complete initial disclosures
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would be moved from August 17, 2017 to October 5, 2017; and (e) the deadline to file the initial
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case management statement would be moved from August 17, 2017 to October 5, 2017
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8. The only prior extension in the case to date was a stipulated extension of the deadline
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for Contractor Defendants to respond the first amended complaint from July 5, 2017 to July 28,
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2017.
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9. I have spoken with counsel for the Plaintiffs and for the Laborers Trustee Defendants,
and all Parties agree and support the requested scheduling changes.
I declare under penalty of perjury under the laws of the State of California and the United
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States that the foregoing is true and correct, and that this Declaration was executed on August 9,
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2017 at San Francisco, California.
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/s/Michelle Q. Carter
Michelle Carter
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STIPULATION TO EXTEND TIME AND
CONTINUE CMC AND RELATED DATES
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Case No.: 3:17-cv-03037-RS
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ATTESTATION OF SIGNATURES
Pursuant to Local Civil Rule 5-1(i), I hereby attest that I have obtained concurrence in the
filing of this document from each of the Signatories.
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By: /s/Michelle Q. Carter
Michelle Carter
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STIPULATION TO EXTEND TIME AND
CONTINUE CMC AND RELATED DATES
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Case No.: 3:17-cv-03037-RS
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