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

Filing 73

STIPULATION AND ORDER TO EXTEND TIME FOR DEAN RUBIN, THE RUBIN FAMILY IRREVOCABLE TRUST AND DEAN MCLAIN TO RESPOND TO SECOND AMENDED COMPLAINT re 71 MOTION STIPULATION AND [PROPOSED ORDER] TO EXTEND TIME FOR DEAN RUBIN, THE RUBIN FAMILY IRREVOCA BLE TRUST, AND DEAN MCLAIN TO RESPOND TO SECOND AMENDED COMPLAINT MOTION STIPULATION AND [PROPOSED ORDER] TO EXTEND TIME FOR DEAN RUBIN, THE RUBIN FAMILY IRREVOCABLE TRUST, AND DEAN MCLAIN TO RESPOND TO SECOND AMENDED COMPLAINT filed by F. G. Crosthwaite, Russell E. Burns, Operating Engineers' Pension Trust Fund. Signed by Judge Phyllis J. Hamilton on 5/10/11. (nah, COURT STAFF) (Filed on 5/10/2011)

1 RICHARD C. JOHNSON (SBN 40881)
SHAAMINI A. BABU (SBN 230704)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
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8

UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 OPERATING ENGINEERS’ PENSION
TRUST FUND, et al.,
11
Plaintiffs,
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vs.
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WESTERN POWER & EQUIPMENT CORP,
14 et al.,
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Defendants.

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Case No.: CV 10-04460 PJH
STIPULATION AND [PROPOSED
ORDER] TO EXTEND TIME FOR
DEAN RUBIN, THE RUBIN FAMILY
IRREVOCABLE TRUST, AND DEAN
MCLAIN TO RESPOND TO SECOND
AMENDED COMPLAINT
Complaint Filed:
10/1/10
FAC Filed:
11/12/10
SAC Filed:
3/16/11
Judge: Honorable Phyllis J. Hamilton

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Pursuant to FED. R. CIV. P. RULE 6(b) and CIV. L.R. 6.1, Plaintiffs Operating Engineers’

20 Pension Trust Fund, F.G. Crosthwaite, and Russell E. Burns (“Plaintiffs”) and Defendants Dean
21 Rubin, the Rubin Family Irrevocable Trust, and Dean McLain (“Stipulating Defendants”), by and
22 through the undersigned counsel, hereby stipulate as follows:
23

1.

The instant action is a complex action arising under the Employee Retirement

24 Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. § 1001 et seq. Plaintiffs have
25 named nine Defendants, and are seeking, among other things, money damages, liquidated
26 damages, injunctive relief, and attorneys’ fees and costs.
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-1STIPULATION AND [PROPOSED ORDER]
TO EXTEND TIME TO RESPOND
CV 10-04460 PJH
P:\CLIENTS\OE3PP\Cases - WL\Western Power\SAC\Extensions\Stip re Response Dates [McLain and Rubin].doc

2.

1

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

2 Complaint was filed on March 16, 2011; and, pursuant to the Stipulation Regarding Case
3 Management Conference and Related Deadlines, and the Court’s March 24, 2011 Order, Plaintiffs
4 agreed to an extension until May 6, 2011, for Stipulating Defendants to file an answer or
5 responsive pleading to the Second Amended Complaint.
3.

6

Since that time, Plaintiffs and Stipulating Defendants (collectively, “the Parties”)

7 have been exploring and continue to explore resolution of this matter. Accordingly, the Parties
8 request a further extension of time up through and including May 26, 2011, for Stipulating
9 Defendants to respond to the Second Amended Complaint.
4.

10

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

11 circumstances here promotes the interest of judicial economy and will help effectuate a just,
12 speedy, and inexpensive determination of this action. See FED. R. CIV. P. 1.
5.

13

The requested extension will not materially delay the disposition of this action, as

14 the Second Amended was only recently filed on March 16, 2011, and the initial Case Management
15 Conference has been reset for June 2, 2011.
6.

16

Therefore, the Parties hereby stipulate that Stipulating Defendants shall have until

17 Thursday, May 26, 2011 to respond to the Second Amended Complaint.
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19 Dated:
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21

By: ___________/s/_______________
Shaamini A. Babu
Counsel for Plaintiffs

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23
24

SALTZMAN & JOHNSON
LAW CORPORATION

Dated:

TRAVIS & PON

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By: ___________/s/_______________
Monte Travis
Counsel for Defendants Dean McLain, Robert Rubin,
and Rubin Family Irrevocable Trust
-2STIPULATION AND [PROPOSED ORDER]
TO EXTEND TIME TO RESPOND
CV 10-04460 PJH
P:\CLIENTS\OE3PP\Cases - WL\Western Power\SAC\Extensions\Stip re Response Dates [McLain and Rubin].doc

ORDER

1
2

Based on the foregoing Stipulation of the parties, the deadlines currently pending in this

3 action are extended as specified above.
IT IS SO ORDERED.

S

_______________________________________
DER D
PHYLLIS J. HAMILTONE
SO OR
I States
UnitedT IS District Judge

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yllis J.
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5/10/11
6 Dated: ___________________

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-3STIPULATION AND [PROPOSED ORDER]
TO EXTEND TIME TO RESPOND
CV 10-04460 PJH
P:\CLIENTS\OE3PP\Cases - WL\Western Power\SAC\Extensions\Stip re Response Dates [McLain and Rubin].doc