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 23

ORDER GRANTING 21 STIPULATION Extending Time for Defendant to Answer Plaintiffs' Complaint; Request to Continue Case Management Conference. Case Management Statement due by 9/4/2015. Initial Case Management Conference set for 9/11/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 7/20/15. (jjoS, COURT STAFF) (Filed on 7/20/2015)

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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.

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BROADWAY MECHANICAL CONTRACTORS, INC., a California
Corporation,

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Defendant.

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Pursuant to Federal Rules of Civil Procedure 12, and Local Rule 6-1(a), Plaintiffs and

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

respond to Plaintiffs’ Complaint.

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WEINBERG, ROGER &
ROSENFELD

Defendant hereby stipulate to extend the time within which Defendant has to answer or otherwise

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

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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 have finalized the audit and forwarded the

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results to Defendant. Plaintiffs and Defendant have been in settlement negotiations over the audit

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results and the settlement of this case. Plaintiffs and Defendant are hopeful that the matter will be

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resolved in the coming month. Additionally, Plaintiffs’ lead trial counsel, Concepción Lozano-

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Batista, will be out of town for the upcoming Case Management Conference. Thus, the parties

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would request that the Court continue the deadlines in this case to allow the parties to attempt to

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resolve this matter.

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With this Stipulation, Defendant’s deadline for answering and or otherwise responding to
the Complaint is extended to August 31, 2015.

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

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the Case Management Conference currently scheduled for July 24, 2015 at 11:00 am for 45 days.

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

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

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Dated: July 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: July 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

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[PROPOSED] ORDER

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It is so ordered that the Stipulations extending the time for Defendants to Answer

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Plaintiff’s Complaint and continuing the July 24, 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

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is continued to September 11, 2015 at 11:00 a.m.

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July 20
Dated: ______________________, 2015
_________________________________
THE HONORABLE JEFFREY S. WHITE

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136455/821180

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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