The Board of Trustees v. Buena Vista Grading & Paving, Inc.

Filing 30

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 12/6/11. (lrc, COURT STAFF) (Filed on 12/7/2011)

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1 2 3 4 5 BARRY E. HINKLE, Bar No. 071223 PATRICIA A. DAVIS, Bar No. 179074 EZEKIEL D. CARDER, Bar No. 206537 YURI Y. GOTTESMAN, Bar No. 264924 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 Telephone (510) 337-1001 Facsimile (510) 337-1023 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 THE BOARD OF TRUSTEES, in their ) capacities as Trustees of the LABORERS ) HEALTH AND WELFARE TRUST FUND ) FOR NORTHERN CALIFORNIA; LABORERS ) VACATION-HOLIDAY TRUST FUND FOR ) NORTHERN CALIFORNIA; LABORERS ) PENSION TRUST FUND FOR NORTHERN ) CALIFORNIA; and LABORERS TRAINING ) AND RETRAINING TRUST FUND FOR ) NORTHERN CALIFORNIA, ) ) Plaintiffs, ) ) ) v. ) BUENA VISTA GRADING & PAVING, INC., ) ) a California Corporation, ) ) Defendant. ) No. CV 10-3839 SBA STIPULATION TO CONTINUE ORDER DISMISSING ACTION FOR SIXTY (60) DAYS, OR IN THE ALTERNATIVE, PLAINTIFFS’ REQUEST TO REOPEN CASE; ORDER 22 The parties in the above-referenced case reached a tentative settlement in September 2011, 23 and since that time, the parties have been working to complete the audit of Defendant’s books and 24 records and finalize the necessary settlement documents. The parties, however, are still in the 25 process of finalizing the settlement documents and need additional time to do so. Thus, the parties, 26 by and through their respective counsel of record, hereby stipulate and request that the Court 27 extend its Order Dismissing Action for an additional sixty (60) days. A copy of said Order, signed 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 (510) 337-1001 Stipulation to Continue Order Dismissing Action, or in the Alternative, Plaintiffs’ Request to Reopen Case; [Proposed] Order Case No. 10-3839 SBA 1 2 October 18, 2011, is attached hereto as Exhibit A. The parties further stipulate and request that said dismissal provide: (a) that if either party 3 certifies with the Court within sixty (60) days that resolution has not in fact occurred, this matter 4 may be restored to the Court’s calendar and set for trial; and (b) that the parties will have until 5 January 30, 2012, to reopen the case if a resolution has not in fact occurred. 6 If the Court denies the parties request to extend the conditional dismissal for a period of 7 sixty (60) days, Plaintiffs, by and through their counsel of record, hereby request that the Court 8 reopen the above-referenced case. Plaintiffs request that the case be reopened as they have not 9 received the necessary settlement documentation pursuant to the tentative settlement reached by 10 the parties in the above-referenced case, and as a result the case has not been resolved. 11 Dated: December 1, 2011 WEINBERG, ROGER & ROSENFELD A Professional Corporation 12 13 By: 14 15 /s/ Ezekiel D. Carder EZEKIEL D. CARDER Attorneys for Plaintiffs 16 Dated: December 1, 2011 17 JOSEPH W. McCARTHY, A LAW CORPORATION 18 19 20 By: /s/ Joseph W. McCarthy JOSEPH W. McCARTHY Attorneys for Defendant 21 22 23 24 25 26 27 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 (510) 337-1001 -2Stipulation to Continue Order Dismissing Action, or in the Alternative, Plaintiffs’ Request to Reopen Case; [Proposed] Order Case No. 10-3839 SBA 1 2 ORDER Pursuant to the Stipulation of the Parties, and for good cause showing, the Order 3 Dismissing Action filed on October 18, 2011, is hereby continued for sixty (60) days. IT IS 4 HEREBY ORDRED THAT this action and all claims asserted herein are DISMISSED with 5 prejudice. In the event that settlement is not reached, any party may move to reopen the case and 6 the trial will be rescheduled, provided that such motion is filed within sixty (60) days of this Order. 7 All scheduled dates, including the trial and pretrial dates, are VACATED. 8 Dated:__12/6/11 9 The Honorable Saundra Brown Armstrong, United States District Court Judge 10 11 12 125658/646610 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 (510) 337-1001 -3Stipulation to Continue Order Dismissing Action, or in the Alternative, Plaintiffs’ Request to Reopen Case; [Proposed] Order Case No. 10-3839 SBA

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