The Board of Trustees et al v. Mid-way Cabinets, Inc.

Filing 21

STIPULATION AND ORDER TO EXTEND TIME FOR MEDIATION re 20 Stipulation filed by The Board of Trustees, Industrial Carpenters & Precast Pension Trust Fund. Signed by Judge Phyllis J. Hamilton on 6/9/10. (nah, COURT STAFF) (Filed on 6/9/2010)

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

BARRY E. HINKLE, Bar No. 071223 PATRICIA A. DAVIS, Bar No.179074 KRISTINA L. HILLMAN, Bar No. 208599 MANJARI CHAWLA, Bar No. 218556 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone [phone] Fax [phone] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

THE BOARD OF TRUSTEES, in their ) capacities as Trustees of the FURNITURE AND) INDUSTRIAL CARPENTERS HEALTH AND ) WELFARE TRUST FUND, and INDUSTRIAL ) CARPENTERS AND PRECAST PENSION ) TRUST FUND; ) ) Plaintiffs, ) ) v. ) ) MID-WAY CABINETS, INC., A California ) Corporation, ) ) Defendant. ) )

No.

CV 09 5769 PJH

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR MEDIATION

Plaintiffs and Defendant, by and through their counsel, hereby stipulate and respectfully request that the Court so order that the deadline for mediation in the above-entitled be extended to August 10, 2010, to allow Plaintiffs to complete their audit of Defendant's books and records prior to the mediation. As part of the Complaint, Plaintiffs sought an audit of Defendant's books and records to determine the exact amount due and owing to Plaintiffs. Plaintiffs and Defendants would like to complete the audit prior to mediation. However, Plaintiffs' auditors will not be able to conduct the audit until after the mediation deadline of June 10, 2010. Due to the auditors' availability, the Parties have scheduled the audit for June 30 and July 1, 2010. Accordingly, the

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Case No. CV 09 5769 PJH Stipulation and [Proposed] Order to Extend Mediation Deadline

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

parties have agreed to extend the deadline for mediation to August 10, 2010.

Dated: June _7, 2010 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ Kristina L. Hillman KRISTINA L. HILLMAN Attorneys for Plaintiffs Dated: June 7, 2010 KROLOFF, BELCHER, SMART, PERRY & CHRISTOPHERSON By: _/s/ Velma Lim_ ________________________ VELMA LIM Attorneys for Defendant

123421/574865

ORDER The Court approves the terms of the above Stipulation and the Parties are ordered to comply with this Order. In addition the Court orders:

Dated: 6/9/10
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HONORABLE PHYLLIS J. HAMILTON ERED O ORD IT IS S UNITED STATES DISTRICT COURT JUDGE
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