Operating Engineers' Pension Trust Fund et al v. Western Power & Equipment Corp. et al

Filing 69

STIPULATION AND ORDER TO EXTEND TIME FROM ARIZONA PACIFIC MATERIALS II TO RESPOND TO SECOND AMENDED COMPLAINT re 68 Stipulation filed by Arizona Pacific Materials II LLC. Signed by Judge Phyllis J. Hamilton on 5/3/11. (nah, COURT STAFF) (Filed on 5/3/2011)

1 RICHARD C. JOHNSON, Cal. Bar No. 40881
SHAAMINI A. BABU Cal. Bar No. 230704
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: 415-882-9287
[e-mail]
5 [e-mail]
Attorneys for Plaintiffs
6
Additional Counsel on the Following Page
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8
UNITED STATES DISTRICT COURT FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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11 OPERATING ENGINEERS’ PENSION
TRUST FUND; F.G. CROSTHWAITE and
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RUSSELL E. BURNS, as Trustees,
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Plaintiffs,
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v.

Case No. CV 10-4460 PJH
JOINT STIPULATION AND
[PROPOSED ORDER] TO EXTEND
TIME FOR ARIZONA PACIFIC
MATERIALS II, LLC TO RESPOND
TO SECOND AMENDED
COMPLAINT

16 WESTERN POWER & EQUIPMENT
CORP., an Oregon corporation; and
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Trial Date: None
WESTERN POWER & EQUIPMENT
CORP., a Delaware corporation; ARIZONA
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PACIFIC MATERIALS II, LLC, an
19 Arizona limited liability company;
20 CHARLES DEAN McLAIN, as an
individual; ROBERT RUBIN, as an
21 individual; RUBIN FAMILY
IRREVOCABLE STOCK TRUST; CASE
22
DEALER HOLDING COMPANY, LLC
23 (f/k/a CNH DEALER HOLDING
COMPANY, LLC), a Delaware limited
24 liability company; CNH AMERICA, LLC, a
25 Delaware limited liability company; and
DOES 1-20,
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Defendants.
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W02-WEST:5MMC1\403500710.1

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1 SHEPPARD, MULLIN, RICHTER & HAMPTON llp
A Limited Liability Partnership
Including Professional Corporations
2
ROBERT FRIEDMAN, N.Y. Bar No. 240414 (Pro Hac Vice Application Pending)
3 E-mail: [e-mail]
30 Rockefeller Plaza, Suite 2400
4 New York, New York 10112
Telephone: [phone]
5 Facsimile: [phone]
6 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
7
Including Professional Corporations
DIANNE BAQUET SMITH, Cal. Bar No. 96713
8 E-mail: [e-mail]
333 S. Hope Street, 43rd Floor
9 Los Angeles, California 90071
Telephone: [phone]
10 Facsimile: [phone]
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
M. MICHAEL COLE Cal. Bar No. 235538
E-mail: [e-mail]
Four Embarcadero Center
Seventeenth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

17 Attorneys for Defendant Arizona Pacific Materials II, LLC
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W02-WEST:5MMC1\403500710.1

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1

Pursuant to Rule 6(b), FED. R. CIV. P., and Civil L.R. 6.1, Plaintiffs Operating

2 Engineers’ Pension Trust Fund, F.G. Croswaite and Russell E. Burns (“Plaintiffs”) and
3 Defendant Arizona Pacific Materials II, LLC (“APM II”), by through undersigned counsel,
4 hereby stipulate as follows:
5

1.

The instant action is a complex action arising under the Employee

6 Retirement Income Security Act of 1974, as amended, (“ERISA”), 29 U.S.C. § 1001 et
7 seq. Plaintiffs have named nine Defendants, and are seeking, among other things, money
8 damages, liquidated damages, injunctive relief and attorneys’ fees and costs.
9

2.

Pursuant to the Court's February 16, 2011 Minute Order, the Second

10 Amended Complaint was filed on March 16, 2011. APM II's response was originally due
11 on April 6, 2011. Pursuant to stipulation, this Court granted an extension to respond to the
12 complaint to May 6, 2011.
13

3.

Since that time, Plaintiffs and APM II have been exploring and continue to

14 explore resolution of this matter. Accordingly, the Parties request a further extension of
15 time up through and including May 26, 2011, for APM II to respond to the Second
16 Amended Complaint.
17

4.

The Parties believe that a further extension of the deadline to respond to the

18 Second Amended Complaint under the circumstances here promotes the interest of judicial
19 economy, fairness, and will help effectuate a just, speedy and inexpensive determination of
20 this action. See FED. R. CIV. P. 1.
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5.

The requested extension will not materially delay the disposition of this

22 action, as the Second Amended Complaint was recently filed with the Court on March 16,
23 2011 and the initial Case Management Conference has been reset for June 2, 2011.
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6.

Therefore, the Parties hereby stipulate that APM II shall have until Thursday,

25 May 26, 2011 to respond to the Second Amended Complaint.
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W02-WEST:5MMC1\403500710.1

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1 Dated: May 2, 2011
2

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

3
By /s/ M. Michael Cole
ROBERT FRIEDMAN (Pro Hac App. Pending)
DIANNE B. SMITH
M. MICHAEL COLE

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Attorneys for Defendant
ARIZONA PACIFIC MATERIALS II, LLC

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9 Dated: May 2, 2011
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SALTZMAN & JOHNSON LAW CORPORATION

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By /s/ Shaaminni A. Babu
SHAAMINI BABU

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Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS ORDERED that APM II shall have until

17 Thursday, May 26, 2011 to respond to Plaintiffs' Second Amended Complaint.
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United States SO ORDER Court Judge
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5/3/11
19 Dated: ________________

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