Trustees of the Teamsters Benefit Trust v. Leonard Transport, LLC et al

Filing 45

STIPULATION AND ORDER re 44 STIPULATION (Joint) for Stay Pending Mediation. Signed by Judge Jon S. Tigar on August 16, 2018. (wsn, COURT STAFF) (Filed on 8/16/2018)

1
2
3
4
5
6
7

JOHN C. PROVOST, SBN 125458
[e-mail]
STEPHANIE L. PLATENKAMP, SBN 298913
[e-mail]
GEOFFREY PILLER, SBN 127001
[e-mail]
BEESON, TAYER & BODINE, APC
483 Ninth Street, 2nd Floor
Oakland, CA 94607-4051
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
Trustees of the Teamsters Benefit Trust

8
9
10
11

RICHARD D. SCHRAMM (SBN 151696)
GRAINNE CALLAN (SBN 318962)
EMPLOYMENT RIGHTS ATTORNEYS
1500 E. Hamilton Ave., Suite 118
Campbell, CA 95008
Tel: [phone]
Fax: [phone]

12
13

Attorneys for Defendants Michael Leonard, Kathie Faupel,
Leonard Transport, LLC, and Pacific Coast Transport, LLC

14

UNITED STATES DISTRICT COURT

15

FOR THE NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17
18

TRUSTEES OF THE TEAMSTERS BENEFIT
TRUST,

19

Case No. 17-CV-06648 JST

Plaintiffs,

[Hon. Jon S. Tigar]
20
21
22
23
24

JOINT STIPULATION FOR STAY
PENDING MEDIATION

v.
LEONARD TRANSPORT, LLC, PACIFIC
COAST TRANSPORT, LLC, KATHIE
FAUPEL, and MICHAEL LEONARD,

Complaint Filed:

November 17, 2017

Defendants.
Plaintiffs Trustees of the Teamsters Benefit Trust and Defendants Leonard Transport, LLC,

25

Pacific Coast Transport, LLC, Kathie Faupel, and Michael Leonard (together, the “Parties”), by and

26

through their respective counsel, hereby stipulate and agree as follows, subject to Court approval.

27
28

WHEREAS, the Parties have agreed to submit this dispute to mediation before mediator
Robert Hirsch, of the Law Offices of Robert Hirsch, in San Francisco. The Parties have scheduled a
JOINT STIPULATION FOR STAY PENDING MEDIATION
Case No. 17-CV-06648 JST

1

1

mediation session on August 20, 2018, and collectively are optimistic about the ability to resolve the

2

case.

3

WHEREAS, the Parties believe that in order to maximize the likelihood of settlement, it is

4

necessary for the parties to focus on the production and review of documents being produced as part

5

of the mediation, and on researching and preparing comprehensive mediation briefs.

6

WHEREAS, the Parties believe that in order to maximize the likelihood of a successful

7

mediation, the Parties should focus on tasks related to the mediation, instead of engaging in further

8

law and motion practice, such as a renewed Rule 12(b)(6) motion and potential motions to compel.

9

WHEREAS, the Parties have met and conferred and agree that a stay up to December 15,

10

2018, may result in the ultimate resolution of the dispute. The Parties believe that extending the stay

11

for a brief period following the mediation date will allow time for any necessary post-mediation

12

discussions.

13
14

WHEREAS, the Parties agree that given the requested stay, the current case management
schedule should be vacated and reset.

15
16

WHEREAS, if the Parties are unable to resolve the matter, the Parties agree to submit a
proposed revised case management schedule to the Court no later than December 21, 2018.
IT IS HEREBY STIPULATED AND AGREED, by and through the parties’ respective

17
18

counsel, as follows:

19

1. The action is hereby stayed until December 15, 2018;

20

2. The current case management schedule is vacated; and

21

3. No later than December 21, 2018, the Parties shall file a proposed revised case

22

management schedule or notice of settlement.

23
Dated: August 15, 2018

H

ER

R NIA

n S. Tig

ar

LI

Judge Jo

FO

S

RT

28

ERED

O ORD

IT IS S

NO

27

UNIT
ED

26

RT
U
O

25

BEESON, TAYER & BODINE, APC

S DISTRICT
TE
C
TA

A

24

N

F
D IS T IC T O
R

C

By:

/s/ Stephanie Platenkamp
STEPHANIE PLATENKAMP
Attorneys for Trustees of the Teamsters Benefit
Trust

August 16, 2018

JOINT STIPULATION FOR STAY PENDING MEDIATION
Case No. 17-CV-06648 JST

2

1

Dated: August 15, 2018

EMPLOYMENT RIGHTS ATTORNEYS

2
3
4
5
6
7
8

By:

/s/ Richard D. Schramm
RICHARD D. SCHRAMM
Attorneys for Leonard Transport, LLC, Pacific
Coast Transport, LLC, Kathie Faupel, and
Michael Leonard
L.R. 5-1(i)(3) Statement
I, Stephanie Platenkamp, attest that all signatories listed herein, and on whose behalf this
filing is submitted, concur in this filing’s content and have authorized this filing.

9
10

__________/S/_________________________
Stephanie Platenkamp, Esq.

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
JOINT STIPULATION FOR STAY PENDING MEDIATION
Case No. 17-CV-06648 JST

3