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 84

STIPULATION AND ORDER RE 83 FOR EXTENSION OF TIME TO FILE OPPOSITION AND REPLY BRIEFS TO NORTHERN CALIFORNIA DISTRICT COUNCIL OF LABORERS' MOTION TO DISMISS. Signed by Judge Richard Seeborg on 2/6/18. (cl, COURT STAFF) (Filed on 2/6/2018)

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McCRACKEN, STEMERMAN, HOLSBERRY, LLP
John J. Davis, Jr., SBN 65594
[e-mail]
David L. Barber, SBN 294450
[e-mail]
595 Market Street, Suite 800
San Francisco, CA 94105
Telephone: [phone]
Fax:
415-597-7201

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Attorneys for Plaintiffs

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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; MIGUEL INIGUEZ
and FELIPE HERNANDEZ, as Local 355
Trustees; FRANCISCO CRUZ ORTIZ and
ALEJANDRO TREJO,

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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,

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Defendants.

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Case No. 17-CV-3037 RS

STIPULATION AND [PROPOSED]
ORDER FOR EXTENSION OF TIME TO
FILE OPPOSITION AND REPLY BRIEFS
TO NORTHERN CALIFORNIA
DISTRICT COUNCIL OF LABORERS’
MOTION TO DISMISS

Date:

March 15, 2108

Time:

1:30 p.m.

Courtroom: No. 3, 17th Floor
Judge:

Hon. Richard Seeborg

STIP & [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE OPPOSITION
& REPLY BRIEFS TO LABORERS MOTION TO DISMISS

17-CV-3037 RS

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WHEREAS, the parties to this stipulation are Plaintiffs United Association of Journeymen

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and Apprentices of the Plumbing and Pipe Fitting Industry, Underground Utility/Landscape Local

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Union No. 355 (“Local 355” or “Plaintiffs”) and Defendant Northern California District Council

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of Laborers (“NCDCL”);

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WHEREAS on January 26, 2018, Defendant NCDCL filed and served a Motion to
Dismiss;

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WHEREAS the Court has scheduled the hearing on the motion for March 15, 2018;

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WHEREAS under Local Rule 7-3, Plaintiffs’ opposition to the motion is presently due on

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February 9, 2018, and Defendant NCDCL’s reply is due on February 16, 2018; and

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WHEREAS counsel for Plaintiffs has requested and counsel for Defendant NCDCL has
agreed to extend the time for filing both the opposition and the reply;

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THEREFORE Plaintiffs and Defendant NCDCL hereby stipulate and agree, subject to
Court approval, as follows:

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STIPULATION

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1. Plaintiffs’ opposition to the NCDCL Motion to Dismiss will be due on February 16, 2018.

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2. Defendant NCDCL’s reply, if any, will due on February 28, 2018.

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3. The reason for the extension is that Plaintiffs require additional time to brief the issues.

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4. The date and time for the hearing, as set by the Court, shall remain unchanged: 1:30 p.m.

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on March 15, 2018.

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5. No other time modifications have been requested or granted with respect to this motion.

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A previous stipulated order changed the briefing schedule for two other motions to dismiss, filed

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by Defendants Rossman and Cohen, but did not affect the hearing schedule.

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6. The requested modification would not affect the hearing date or any other deadlines in this

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case.

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//
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STIP & [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE OPPOSITION
& REPLY BRIEFS TO LABORERS MOTION TO DISMISS

17-CV-3037 RS

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7. All affected parties agree to the stipulation as indicated by their signatures below.

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Dated: February 6, 2018

McCRACKEN, STEMERMAN & HOLSBERRY

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By:

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John J. Davis, Jr., Attorney for Plaintiffs

/s/ John J. Davis, Jr.

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Dated: February 6, 2018

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WEINBERG, ROGER & ROSENFELD
By:

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/s/ Conchita Lozano-Batista

Conchita Lozano-Batista, Attorney for Defendant

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:______________
2/6/18
THE HONORABLE RICHARD SEEBORG
United States District Judge

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Attestation

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Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, I attest that concurrence in the filing

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of this document has been obtained from the other signatories.

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By:

/s/ John J. Davis, Jr.

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John J. Davis, Jr.

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STIP & [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE OPPOSITION
& REPLY BRIEFS TO LABORERS MOTION TO DISMISS

17-CV-3037 RS