The Board of Trustees, in their capacities as Trustees of the Laborers Health and Welfare Trust Fund for Nothern California et al v. Broadway Mechanical Contractors, Inc.

Filing 16

ORDER GRANTING 15 STIPULATION EXTENDING TIME FOR DEFENDANTS TO ANSWER PLAINTIFFS COMPLAINT; REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 3/20/2015. Initial Case Management Conference set for 3/27/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 2/4/15. (jjoS, COURT STAFF) (Filed on 2/4/2015)

Case4:14-cv-04668-JSW Document15 Filed02/04/15 Page1 of 3

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BARRY E. HINKLE, Bar No. 071223
CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
E-Mail: [e-mail]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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No. 4:14-CV-04668-JSW

THE BOARD OF TRUSTEES, in their
capacities as Trustees of the LABORERS
HEALTH AND WELFARE TRUST FUND
FOR NORTHERN CALIFORNIA;
LABORERS VACATION-HOLIDAY TRUST
FUND FOR NORTHERN CALIFORNIA;
LABORERS PENSION TRUST FUND FOR
NORTHERN CALIFORNIA; and LABORERS
TRAINING AND RETRAINING TRUST
FUND FOR NORTHERN CALIFORNIA,

STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANTS’ TO ANSWER
PLAINTIFF’S COMPLAINT;
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE

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Plaintiffs,
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v.
BROADWAY MECHANICAL CONTRACTORS, INC., a California
Corporation,
Defendant.

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Pursuant to Federal Rules of Civil Procedure 12, and Local Rule 6-1(a), Plaintiffs and
Defendants hereby stipulate to extend the time within which Defendants have to answer or
otherwise respond to Plaintiffs’ Complaint.

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER; CONTINUE CMC
CASE NO. 4:14-CV-04668-JSW

Case4:14-cv-04668-JSW Document15 Filed02/04/15 Page2 of 3

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Plaintiffs filed the Complaint in this action on October 20, 2014. The parties are currently

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attempting to resolve this matter. With this Stipulation, Defendants’ deadline for answering and

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or otherwise responding to the Complaint is extended to March 16, 2015, to allow the parties

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additional time to attempt to resolve this matter.

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Pursuant to Civil Local Rules 7-12 and 16-2, the parties also request that the Court

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continue the Case Management Conference currently scheduled for February 27, 2015 at 11:00

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am for 30 days. The parties also agree that pursuant to Local Rule 6-1(a), this stipulation is

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respectfully submitted to the Court for approval without the necessity of a hearing.

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Dated: February 3, 2015

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WEINBERG, ROGER & ROSENFELD
A Professional Corporation

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By: /s/ Concepcion E. Lozano-Batista
CONCEPCIÓN E. LOZANO-BATISTA,
Attorneys for Plaintiffs

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Dated: February 3, 2015

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Kelly Litigation Group

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By: /s/ Michael Mengarelli
MICHAEL MENGARELLI,
Attorney for Defendants

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xxxxxxxxx
[PROPOSED] ORDER

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It is so ordered that the Stipulations extending the time for Defendants to Answer
Plaintiff’s Complaint and continuing the February 27, 2015 Case Management Conference are
entered in this matter, as set forth above. In addition, the Court orders:
The Case Management Conference shall be rescheduled for March 27,
2015, at 11:00 a.m.

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February 4
Dated: ______________________, 2015

_________________________________

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

THE HONORABLE JEFFREY S. WHITE
136455/797086

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER; CONTINUE CMC
CASE NO. 4:14-CV-04668-JSW

Case4:14-cv-04668-JSW Document15 Filed02/04/15 Page3 of 3

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PROOF OF SERVICE

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I am a citizen of the United States and resident of the State of California. I am employed

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in the County of Alameda, State of California, in the office of a member of the bar of this Court,

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at whose direction the service was made. I am over the age of eighteen years and not a party to

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the within action.
On February 4, 2015, I served the following documents in the manner described below:

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS’
TO ANSWER PLAINTIFF’S COMPLAINT; REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE

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

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(BY U.S. MAIL) I am personally and readily familiar with the business practice
of Weinberg, Roger & Rosenfeld for collection and processing of correspondence for
mailing with the United States Parcel Service, and I caused such envelope(s) with
postage thereon fully prepaid to be placed in the United States Postal Service at
Alameda, California.

On the following part(ies) in this action:
Michael R. Mengarelli, Esq.
Attorneys for Defendant
Kelly Litigation Group Inc
3 Lagoon Drive, Suite 225
Redwood City, CA 94065
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on February 4, 2015, at Alameda, California.
/s/ Kimberly Love
Kimberly Love

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WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER; CONTINUE CMC
CASE NO. 4:14-CV-04668-JSW