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 18

ORDER GRANTING 17 STIPULATION Extending Time for Defendants' to Answer Plaintiffs' Complaint; Request to Continue Case Management Conference.Joint Case Management Statement due by 5/15/2015. Initial Case Management Conference set for 5/22/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 3/25/15. (jjoS, COURT STAFF) (Filed on 3/25/2015)

Case4:14-cv-04668-JSW Document17 Filed03/24/15 Page1 of 4

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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]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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

Plaintiffs,

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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,

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 Document17 Filed03/24/15 Page2 of 4

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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. On February 2, 2015, the parties met and reached a tentative

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resolution of this case, which required Plaintiffs to complete a full audit of Defendant’s books and

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records prior to finalizing the settlement. Plaintiffs are currently in the process of finalizing this

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audit and anticipate that this matter will be resolved in the coming month. Plaintiffs and

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Defendant request additional time to finalize the audit, review the audit results and come to a final

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agreement on the settlement of this case.

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With this Stipulation, Defendants’ deadline for answering and or otherwise responding to
the Complaint is extended to May 15, 2015, to allow the parties 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 March 27, 2015 at 11:00 am

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for 60 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: March 17, 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: March 17, 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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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 Document17 Filed03/24/15 Page3 of 4

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[PROPOSED] ORDER
It is so ordered that the Stipulations extending the time for Defendants to Answer

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Plaintiff’s Complaint and continuing the March 27, 2015 Case Management Conference are

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entered in this matter, as set forth above. In addition, the Court orders:
The Case Management Conference shall be set for May 22, 2015, at 11:00 a.m.

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Dated: ______________________, 2015
March 25

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_________________________________

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THE HONORABLE JEFFREY S. WHITE

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136455/803462

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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 Document17 Filed03/24/15 Page4 of 4

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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 March 24, 2015, I served the following documents in the manner described below:

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

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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 OVERNIGHT MAIL) I am personally and readily familiar with the business
practice of Weinberg, Roger & Rosenfeld for collection and processing of
correspondence for overnight delivery, and I caused such document(s) described herein
to be deposited for delivery to a facility regularly maintained by United Parcel Service
for overnight delivery.

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(BY ELECTRONIC SERVICE) By electronically mailing a true and correct copy
through Weinberg, Roger & Rosenfeld’s electronic mail system from
[e-mail] to the email addresses set forth below.

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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 March 24, 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