Automotive Industries Pension Trust Fund et al v. Kim et al

Filing 12

ORDER re 11 STIPULATION WITH PROPOSED ORDER re 4 ADR Scheduling Order Stiplation and [Proposed] Order to Continue Initial Case Management Conference and Extend Time to Respond to Complaint filed by Stephen J. Mack, Automotive In dustries Pension Trust Fund, Chris Christophersen, James H. Beno, Jon Roselle, Douglas Cornford, Bill Brunelli, Don Crosatto, Mark Hollibush Case Management Statement due by 10/1/2013. Initial Case Management Conference set for 10/8/2013 01:30 PM.. Signed by Judge Kandis A. Westmore on 6/10/2013. (kawlc1, COURT STAFF) (Filed on 6/10/2013)

1 PHILIP M. MILLER (SBN 87877)
[e-mail]
2 KIMBERLY A. HANCOCK (SBN 205567)
[e-mail]
3 JULIE A. RICHARDSON (SBN 215202)
[e-mail]
4 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
5 San Francisco, CA 94104
[phone]
6 [phone] – Facsimile
7 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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AUTOMOTIVE INDUSTRIES PENSION
11 TRUST FUND, JAMES H. BENO, Trustee,
BILL BRUNELLI, Trustee, STEPHEN J.
12 MACK, Trustee, CHRIS CHRISTOPHERSEN,
Trustee, DON CROSATTO, Trustee, MARK
13 HOLLIBUSH, Trustee, JON ROSELLE,
Trustee, DOUGLAS CORNFORD, Trustee,
14 and JAMES V. CANTERBURY, Trustee,
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16

Case No.: C 13-01597 KAW
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE
AND EXTEND TIME TO RESPOND
TO COMPLAINT

Plaintiffs,
v.

JAE JUNG KIM dba TRI-CITY BODY &
17 PAINT; TRI-CITY BODY & PAINT, INC., a
California Corporation; and DOES 1-20,
18
Defendants.
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Date: July 9, 2013
Time: 1:30 p.m.
Courtroom 4, 3rd Floor
Magistrate Judge: Kandis A. Westmore

The parties have stipulated to a 90-day continuance of the Initial Case Management

21 Conference currently scheduled for July 9, 2013 at 1:30 p.m. in Courtroom 4, 3rd Floor of this
22 Court, and all related case management and ADR deadlines, and seek the Court’s approval for
23 same. The parties have further stipulated to a 60-day extension of Defendants’ deadline to
24 respond to Plaintiffs’ Complaint, which is currently set for June 19, 2013, and seek the Court’s
25 approval for same.
26

1.

Good Cause exists for the request:

This action arises under the Employee

27 Retirement Income Security Act of 1974 (“ERISA”), as amended by the Multiemployer Pension
28 Plan Amendments Act of 1980 (29 U.S.C §§1001-1461 (1982)), to recover withdrawal liability
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE; Case No.: 13-01597 KAW
P:\CLIENTS\AUTPF\W\CASES\Tri-City\Pleadings\CMC\Stipulation to Continue CMC 06-06-13.DOC

1 amounts allegedly owed by defendants Jae Jung Kim and Tri-City Body & Paint, Inc.,
2 (“Defendants”) to plaintiffs Automotive Industries Pension Trust Fund and its Trustees
3 (“Plaintiffs”).
4

2.

On April 9, 2013, plaintiffs filed a Complaint in this matter.

5

3.

Defendants have been served and have appeared in the action as follows:

6

Jae Jung Kim dba Tri-City Body & Paint was served on April 29, 2013. (Dkt. 7)

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Tri-City Body & Pain, Inc., a California Corporation, was served on April 29,

8 2013. (Dkt. 8)
4.

9

On May 16, 2013, the parties stipulated to a 30-day extension to June 19, 2013 for

10 Defendants to respond to the Complaint.
5.

11

The reason for the request is that the parties wish to have time to attempt a

12 cooperative resolution before incurring the fees involved in preparing for case management and
13 responding to the Complaint. In the interest of minimizing costs as well as attorney’s fees and the
14 Court’s time and resources, the parties would like to take the opportunity to attempt a settlement.
6.

15

Therefore, the parties respectfully request that the Case Management Conference

16 currently scheduled for July 9, 2013, and all of its associated deadlines, be continued for 90 days.
7.

17

No previous requests to change these dates have been submitted. The changes will

18 not affect any other deadline on the Court’s calendar.
8.

19

The parties also respectfully request that the Court further extend Defendants’ time

20 to respond to the Complaint by 60 days, to August 18, 2013. Because August 18, 2013 is a
21 Sunday, Defendants’ deadline to respond to Plaintiff’s Complaint shall be August 19, 2013.
9.

22

On May 16, 2013, the parties stipulated to a 30-day extension of Defendants’ time

23 to respond to the Complaint. This further extension will not affect any other deadline on the
24 Court’s calendar.
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE; Case No.: 13-01597 KAW
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1
Dated: June 10, 2013
2

/s/ SEAN T. STRAUSS
SEAN T. STRAUSS
TRUCKERHUSS
Attorneys for Defendants
JAE JUNG KIM
TRI-CITY BODY & PAINT, INC.

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4
5
6 Dated: June 10, 2013
7
8
9

/s/ JULIE RICHARDSON
JULIE RICHARDSON
SALTZMAN & JOHNSON LAW CORPORATION
Attorneys for Plaintiffs
AUTOMOTIVE INDUSTRIES PENSION TRUST
FUND

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE; Case No.: 13-01597 KAW
P:\CLIENTS\AUTPF\W\CASES\Tri-City\Pleadings\CMC\Stipulation to Continue CMC 06-06-13.DOC

1
2

ORDER
1.

Pursuant to the foregoing Stipulation, and good cause appearing, the Court hereby

3 continues the Initial Case Management Conference in this action from its currently scheduled date
4 of July 9, 2013 to October 8, 2013. All other related case management and ADR deadlines are
5 continued accordingly.
6

2.

Furthermore, the Court hereby extends Defendants deadline to respond to

7 Plaintiffs’ Complaint to August 19, 2013.
8
PURSUANT TO STIPULATION, IT IS SO ORDERED.
9
10
Date: June 10, 2013
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________________________________
KANDIS A. WESTMORE
United States Magistrate Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE; Case No.: 13-01597 KAW
P:\CLIENTS\AUTPF\W\CASES\Tri-City\Pleadings\CMC\Stipulation to Continue CMC 06-06-13.DOC