Pension Plan for Pension Trust Fund for Operating Engineers et al v. Thomes Creek Logging, Inc. et al

Filing 22

ORDER: Joint Case Management Conference Statement due by 6/5/2013. Initial Case Management Conference previously set on 4/10/2013 01:30 PM continued to 6/12/2013 01:30 PM and Counsel for both parties may appear telephonically re 20 Joint Case M anagement Statement, filed by Pension Plan for Pension Trust Fund for Operating Engineers, F.G. Crosthwaite, Russell E. Burns, David Slagle, Thomes Creek Logging, Inc.. Signed by Magistrate Judge Donna M. Ryu on 3/25/13. (Attachments: # 1 Standing Order)(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 SUMMER YOUNG-AGRIESTI (SBN 232883)
KLATTE, BUDENSIEK & YOUNG-AGRIESTI, LLP
9 20341 SW Birch Street, Suite 200
Newport Beach, CA 92620-1514
10 [phone] Extension 103
[phone] – Facsimile
11 [e-mail]
12 Attorneys for Defendants
13

UNITED STATES DISTRICT COURT

14

FOR THE NORTHERN DISTRICT OF CALIFORNIA

15 PENSION PLAN FOR PENSION TRUST
FUND FOR OPERATING ENGINEERS; F.G.
16 CROSTHWAITE and RUSSELL E. BURNS,
as Trustees,
17
Plaintiffs,
18
vs.
19
THOMES CREEK LOGGING, INC., a
20 California corporation; DAVID SLAGLE, an
individual; and DOES 1-20,
21
Defendants.
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Case No.: C 12-5266 DMR
JOINT CASE MANAGEMENT
STATEMENT; JOINT REQUEST TO
CONTINUE CMC; AND ORDER
Complaint Filed:
10/11/12
CMC:
4/10/13
Judge: Honorable Donna M. Ryu

Pursuant to this Court’s order entered December 27, 2012 (Dkt. 11), 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 Thomes
27 Creek Logging, Inc., and David Slagle (“Defendants”) by and through the undersigned counsel,
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C:\Users\garciai\AppData\Local\Temp\notes06E812\~2846549.doc

-1JOINT CMC STATEMENT
C 12-5266 DMR

1 hereby supplement the Joint Case Management Conference Statement filed on February 1, 2013
2 (Dkt. 18) as follows:
3

1.

The parties entered into a Confidentiality Agreement on February 6, 2013.

4

2.

On several occasions (i.e. February 7, 2013, March 13, 2013, March 14, 2013, and

5 March 16, 2013), Defendants produced several documents to facilitate a settlement.
3.

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The parties have exchanged monetary offers and are still engaged in settlement

7 negotiations.

The parties would like sufficient opportunity to continue to explore settlement

8 options and exchange documents as necessary.
4.

9

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

10 on one of the following dates: May 13, 2013, or during the week of May 27, 2013, through May
11 31, 2013. (Dkt. 19).
5.

12

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

13 Management Conference Wednesday April 10, 2013.
6.

14

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

15 Conference be continued to Wednesday June 12, 2013, to allow time for the parties to exchange
16 documents and continue settlement negotiations as well as to schedule and participate in
17 mediation, if necessary. The continuance will conserve costs as well as the Court’s time and
18 resources.
7.

19

In a further attempt to conserve costs and because Defendants’ counsel is located in

20 Southern California, counsel for both parties request permission to appear telephonically at the
21 next Case Management Conference.
22
23 Dated:

March 21, 2013

SALTZMAN & JOHNSON LAW CORPORATION

24
By: _________//S//__________________________
Shaamini A. Babu
Counsel for Plaintiffs

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C:\Users\garciai\AppData\Local\Temp\notes06E812\~2846549.doc

-2JOINT CMC STATEMENT
C 12-5266 DMR

1 Dated:

March 21, 2013

KLATTE, BUDENSIEK & YOUNG-AGRIESTI, LLP

2
By: __________//S//___________________________
Summer Young-Agriesti
Counsel for Defendants

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ORDER

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8

Based on the foregoing Stipulation of the parties, the Case Management Conference is

9 hereby continued to June 12, 2013, at 1:30 pm.

Counsel for both parties may appear

10 telephonically at said conference. The parties shall file a Joint Case Management Statement by
11 June 5, 2013. Both parties must follow the protocol set forth in the attached Notice re: Telephonic
Appearance Procedures for Magistrate Judge Donna M. Ryu.
IT IS SO ORDERED.
12
13 Dated: 3/25/2013
14

___________________________________________
The Honorable Judge Donna M. Ryu
UNITED STATES MAGISTRATE JUDGE

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C:\Users\garciai\AppData\Local\Temp\notes06E812\~2846549.doc

-3JOINT CMC STATEMENT
C 12-5266 DMR