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

Filing 32

STIPULATION AND ORDER re 31 STIPULATION WITH PROPOSED ORDER to Continue Order Dismissing Action For Sixty (60) Days, Or In The Alternative, Plaintiffs' Request To Reopen Case; Proposed Order filed by Buena Vista Grading & Paving, Inc., The Board of Trustees. Signed by Judge ARMSTRONG on 2/6/12. (lrc, COURT STAFF) (Filed on 2/6/2012)

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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 [phone]
Facsimile [phone]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION
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THE BOARD OF TRUSTEES, in their
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capacities as Trustees of the LABORERS
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HEALTH AND WELFARE TRUST FUND
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FOR NORTHERN CALIFORNIA; LABORERS )
VACATION-HOLIDAY TRUST FUND FOR )
NORTHERN CALIFORNIA; LABORERS
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PENSION TRUST FUND FOR NORTHERN )
CALIFORNIA; and LABORERS TRAINING )
AND RETRAINING TRUST FUND FOR
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NORTHERN CALIFORNIA,
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Plaintiffs,
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v.
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BUENA VISTA GRADING & PAVING, INC., )
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a California Corporation,
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Defendant.
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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

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The parties in the above-referenced case reached a tentative settlement in September 2011,

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and since that time, the parties have been working to complete the audit of Defendant’s books and

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records and finalize the necessary settlement documents. The parties, however, are still in the

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process of finalizing the settlement documents and need additional time to do so. Thus, the parties,

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by and through their respective counsel of record, hereby stipulate and request that the Court

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extend its Order Dismissing Action for an additional sixty (60) days. A copy of said Order, signed

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

Stipulation 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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December 6, 2011, is attached hereto as Exhibit A.
The parties further stipulate and request that said dismissal provide: (a) that if either party

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certifies with the Court within sixty (60) days that resolution has not in fact occurred, this matter

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may be restored to the Court’s calendar and set for trial; and (b) that the parties will have until

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sixty (60) days from the date of the Order, to reopen the case if a resolution has not in fact

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occurred.

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If the Court denies the parties request to extend the conditional dismissal for a period of

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sixty (60) days, Plaintiffs, by and through their counsel of record, hereby request that the Court

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reopen the above-referenced case. Plaintiffs request that the case be reopened as they have not

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received the necessary settlement documentation pursuant to the tentative settlement reached by

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the parties in the above-referenced case, and as a result the case has not been resolved.

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Dated: February 3, 2012
WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By:

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/s/
EZEKIEL D. CARDER
Attorneys for Plaintiffs

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Dated: February 3, 2012
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JOSEPH W. McCARTHY, A LAW CORPORATION
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By:

/s/
JOSEPH W. McCARTHY
Attorneys for Defendant

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

-2Stipulation 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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ORDER
Pursuant to the Stipulation of the Parties, and for good cause showing, the Order

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Dismissing Action filed on December 6, 2011, is hereby continued for sixty (60) days. IT IS

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HEREBY ORDRED THAT this action and all claims asserted herein are DISMISSED with

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prejudice. In the event that settlement is not reached, any party may move to reopen the case and

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the trial will be rescheduled, provided that such motion is filed within sixty (60) days of this Order.

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All scheduled dates, including the trial and pretrial dates, are VACATED.

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Dated:__2/6/12

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The Honorable Saundra Brown Armstrong,
United States District Court Judge

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125658/654383

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

-3Stipulation to Continue Order Dismissing Action, or in the Alternative, Plaintiffs’ Request to Reopen Case; [Proposed]
Order
Case No. 10-3839 SBA