Automotive Industries Pension Trust Fund v. Fremont Motors, Inc.

Filing 21

STIPULATION AND ORDER CLARIFYING ADR REFERRAL. Signed by Judge Saundra Brown Armstrong, on 11/2/09. (lrc, COURT STAFF) (Filed on 11/2/2009) Modified on 11/3/2009 (jlm, COURT STAFF).

1 PHILIP M. MILLER (SBN 87877) KRISTEN McCULLOCH (SBN 177558) 2 MICHELLE L. SICULA (SBN 160598) SALTZMAN & JOHNSON LAW CORPORATION 3 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 4 [phone] [phone]­ Facsimile 5 [e-mail] [e-mail] 6 [e-mail] 7 Attorneys for Plaintiffs 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION) Case No.: C 09-02547 SBA STIPULATION AND ORDER CLARIFYING ADR REFERRAL

11 AUTOMOTIVE INDUSTRIES PENSION TRUST FUND, JAMES H. BENO, Trustee, 12 BILL BRUNELLI,, Trustee, STEPHEN J. MACK, Trustee, CHRIS CHRISTOPHERSEN, 13 Trustee, DON CROSATTO, Trustee, MARK HOLLIBUSH, Trustee, GEORGE HALL, JR., 14 Trustee, CHARLES J. DI BARI, Trustee, RON NELSON, Trustee, and JAMES V. 15 CANTERBURY, Trustee, , 16 Plaintiffs, 17 v. 18 FREMONT MOTORS, INC., a California 19 corporation, doing business as FREMONT LINCOLN MERCURY, MARK D. 20 HAMILTON, an Individual, and as Trustee of the MARK HAMILTON TRUST, and as 21 Trustee of the MARK AND HOLLY HAMILTON 1984 TRUST, 22 Defendants. 23 24

DATE: TIME: JUDGE: Hon. Saundra B. Armstrong COURTROOM 1 Fourth Floor 1301 Clay Street Oakland, CA 94606

On September 14, 2009, in response to the parties' form ADR Stipulation, the Court

25 referred this matter to mediation within the presumptive 90 day period. 26 Subsequently, during the September 30, 2009, case management conference, the Court

27 ordered the parties to a settlement conference with a Magistrate Judge to occur by the end of 28 1 STIPULATION AND ORDER Case No.: C 09-02547 SBA

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1 January 2010. See, Minutes, Docket Number 16. The case has been assigned to Magistrate Judge 2 James for settlement purposes. See, Referral, filed October 7, 2009. 3 The Court's ADR staff has requested that the parties seek an order from the Court vacating

4 one of these referrals so that the case is not proceeding towards two early ADR events. 5 The parties would like to proceed with a settlement conference before Magistrate Judge

6 James. Accordingly, in order to comply with the ADR Department's request, the parties request 7 that the Court vacate its September 14, 2009 Order referring this matter to mediation. 8 9 Dated: October 27, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 STIPULATION AND ORDER Case No.: C 09-02547 SBA IT IS SO ORDERED. Dated: 11/2/09 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE By: /S/ Joshua Cliffe Attorney for Defendants Dated: October 27, 2009 By: /S/ Michelle L. Sicula Attorneys for Plaintiffs SALTZMAN & JOHNSON LAW CORPORATION

LITTLER MENDELSON A PROFESSIONAL CORPORATION

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1 2

PROOF OF SERVICE I am employed in the County of San Francisco, State of California. I am over the age of

3 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, 4 San Francisco, California 94104. 5 On October 27, 2009, I served the following documents on the parties to this action,

6 addressed as follows, in the manner described below: 7 8 9 XX 10 11 12 13 14 15 STIPULATION AND [PROPOSED] ORDER CLARIFYING ADR REFERRAL MAIL, being familiar with the practice of this office for the collection and the processing of correspondence for mailing with the United States Postal Service, and deposited in the United States Mail copies of the same to the business addresses set forth below, in a sealed envelope fully prepared. FACSIMILE be causing said document to be transmitted by Facsimile machine to the number indicated after the address(es) set forth below. UPS for delivery the following business day by placing same for collection by UPS to the business addresses set forth below. PERSONAL DELIVERY by placing said document is a sealed envelope and causing it to be personally delivered to the address(es) set forth below.

16 Addressed to: 17 18 19 20 Joshua J. Cliffe Littler Mendelson Attorneys for Defendants 650 California St., 20th Floor San Francisco, CA 94108 I declare under penalty of perjury that the foregoing is true and correct and that this

21 declaration was executed on this 27th day of October 2009, at San Francisco, California. 22 23 24 25 26 27 28
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Julie Jellen

/S/

STIPULATION AND ORDER Case No.: C 09-02547 SBA