Pension Plan for Pension Trust Fund for Operating Engineers et al v. Yubacon, Inc. et al

Filing 29

STIPULATION AND ORDER: Joint Case Management Statement due by 6/12/2013. Initial Case Management Conference previously set on 4/10/2013 01:30 PM continued to 6/19/2013 01:30 PM. Counsel for both parties may appear telephonically. re 28 STIPULATI ON WITH PROPOSED ORDER re Set Deadlines/Hearings, 27 Order on Stipulation STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER filed by Pension Plan for Pension Trust Fund for Operating Engineers, F.G. Crosthwaite, Russell E. Burns. Signed by Judge Donna M. Ryu on 3/25/13. (Attachments: # 1 Notice Re: Telephonic Appearance Procedure)(ig, COURT STAFF) (Filed on 3/25/2013).

1 RICHARD C. JOHNSON (SBN 40881)
SHAAMINI A. BABU (SBN 230704)
2 JULIE A. RICHARDSON (SBN 215202)
SALTZMAN & JOHNSON LAW CORPORATION
3 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
4 [phone]
[phone] – Facsimile
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiffs
8 MICHAEL J. TIMPANE (SBN 115238)
SALAMIRAD MORROW P.C.
9 101 California Street, Suite 2450
San Francisco, California 94111
10 [phone]
11 [phone] – Facsimile
[e-mail]
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Attorneys for Defendants:
13 AM Pacific Engineering, Inc.
and MV2 Energy Inc.
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

17 PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS, et al.
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Plaintiffs,
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vs.
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YUBACON, INC., INC., et al.,
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Defendants.
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Case No.: CV 12-4738 DMR
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE;
ORDER
Complaint Filed:
9/11/12
CMC:
April 10, 2013
Time:
1:30 p.m.
Courtroom: 4, 3rd Floor

Pursuant to this Court’s order entered February 7, 2013 (Dkt. 27), Rule 6(b) and 26(f) of

24 the Federal Rules of Civil Procedure, Northern District of California Local Rule 6.1(b) and 16-9,
25 and the Standing Order for All Judges of the Northern District of California, Plaintiffs Pension
26 Plan for Pension Trust Fund for Operating Engineers, et al.(“Plaintiffs”), and Defendants AM
27 Pacific Engineering, Inc. and MV2 Energy, Inc. (“Defendants”) by and through the undersigned
28 counsel, hereby supplement the Stipulation filed on February 6, 2013 (Dkt. 25) as follows:
-1STIPULATION TO CONTINUE CMC; ORDER THEREON
Case No.: CV 12-4738 DMR
C:\Users\garciai\AppData\Local\Temp\notes06E812\~0619360.DOC

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1.

Defendants AM Pacific Engineering, Inc. and MV2 Energy, Inc. have produced

2 certain financial records to Plaintiffs.

Plaintiffs have requested additional documents and

3 information from Defendants. The parties need sufficient opportunity to review and discuss the
4 additional the information and documents.
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2.

Defendants AM Pacific Engineering, Inc. and MV2 Energy, Inc. have made a

6 settlement offer; however, given the large amount of the assessed withdrawal liability of $728,185
7 the parties requires sufficient time to explore all settlement options.
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3.

If this matter does not settle the parties are agreeable to participating in mediation

9 on one of the following dates: during the week of May 27, 2013, through May 31, 2013, or week
10 of June 3, 2013, through June 7, 2013. (Dkt. 23).
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4.

There are no issues that need to be addressed at the currently scheduled Case

12 Management Conference Wednesday April 10, 2013.
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5.

Based on the foregoing, the parties respectfully request that the Case Management

14 Conference be continued to Wednesday June 19, 2013, to allow time for the parties to exchange
15 documents and continue settlement negotiations as well as to schedule and participate in
16 mediation, if necessary. The continuance will conserve costs as well as the Court’s time and
17 resources.
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7.

In a further attempt to conserve costs, counsel for both parties request permission to

19 appear telephonically at the next Case Management Conference.
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Dated: March 22, 2013

SALTZMAN & JOHNSON LAW CORPORATION

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

24 Dated: March 22, 2013

SALAMIRAD MORROW P.C.

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By: __________//s//_________________________
Michael Timpane
Defendants AM Pacific Engineering, Inc. and MV2
Energy Inc.

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-2STIPULATION TO CONTINUE CMC; ORDER THEREON
Case No.: CV 12-4738 DMR
C:\Users\garciai\AppData\Local\Temp\notes06E812\~0619360.DOC

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ORDER

2 IT IS SO ORDERED.
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Based on the foregoing, and good cause appearing, the currently set Case Management

4 Conference is hereby continued to Wednesday June 19, 2013, at 1:30 p.m. Counsel for both
5 parties may appear telephonically. The parties shall file a Joint Case Management Statement by
6 June 12, 2013. Parties must follow the protocol set forth in the attached Notice re: Telephonic
7 Appearance Procedures for Magistrate Judge Donna M. Ryu.
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9 Date: 3/25/2013

_________________________________________________
THE HONORABLE DONNA M. RYU
UNITED STATES DISTRICT COURT JUDGE

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-3STIPULATION TO CONTINUE CMC; ORDER THEREON
Case No.: CV 12-4738 DMR
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PROOF OF SERVICE

3 I, the undersigned, declare:
I am a citizen of the United States and am employed in the County of San Francisco, State

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5 of California. I am over the age of eighteen and not a party to this action. My business address is
6 44 Montgomery Street, Suite 2110, San Francisco, California 94104.
On March 22, 2013, I served the following document(s):

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND CASE
MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON

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10 on the interested parties to this action, in the manner described as follows, addressed as below:
11 XX
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MAIL by placing the envelope for collection and mailing on the date shown above
following our ordinary business practices. Being readily familiar with this business’s
practice for collecting and processing correspondence for mailing, on the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course
of business with the United States Postal Service in a sealed enveloped with postage fully
prepaid.

Yubacon, Inc., a California corporation
Old Hatchery, Inc., a California corporation
2301 Los Cerros Drive
Placerville, CA 95667
I declare under penalty of perjury that the foregoing is true and correct and that this

19 declaration was executed on this 22nd day of March, 2013, at San Francisco, California.
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____________/s/_____________
Jonathan Sha

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-4STIPULATION TO CONTINUE CMC; ORDER THEREON
Case No.: CV 12-4738 DMR
C:\Users\garciai\AppData\Local\Temp\notes06E812\~0619360.DOC