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 20

ORDER GRANTING AS MODIFIED 19 STIPULATION Extending Time for Defendant to Answer Plaintiffs' Complaint; Request to Continue Case Management Conference. Case Management Statement due by 7/17/2015. Initial Case Management Conference set for 7/24/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge Jeffrey S. White on 5/21/15. (jjoS, COURT STAFF) (Filed on 5/21/2015)

Case4:14-cv-04668-JSW Document19 Filed05/21/15 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]

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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
DEFENDANT TO ANSWER
PLAINTIFFS’ 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 Document19 Filed05/21/15 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 recently completed an audit of Defendant’s

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books and records and forwarded the audit results to Defendant. Plaintiffs and Defendant are

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currently working on settling this matter based on the audit amounts discovered. 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

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the Complaint is extended to July 15, 2015, to allow the parties additional time to attempt to

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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 May 22, 2015 at 11:00 am for

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

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

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Dated: May 21, 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: May 21, 2015

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Kelly Litigation Group

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

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///

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///

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///

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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 Document19 Filed05/21/15 Page3 of 4

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

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Plaintiffs’ Complaint and continuing the May 22, 2015 Case Management Conference are entered

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in this matter, as set forth above. In addition, the Court orders: the case management conference
is HEREBY CONTINUED to July 24, 2015 at 11:00 a.m. The parties' joint case management
statement is due to be filed by no later than July 17, 2015. If the parties seek to continue the case
management conference, they shall file a stipulation or administrative motion with sufficient time
to allow the Court to rule on the request before deadline to file their statement on July 17, 2015.
May 21
Dated: ______________________, 2015
_________________________________
THE HONORABLE JEFFREY S. WHITE

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136455/812807

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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