Automotive Industries Pension Trust Fund et al v. Washington Township Central Chevrolet Co.

Filing 12

ORDER granting 11 stipulation. Case Management Conference continued to 5/26/2015 at 01:30 PM. Case Management Statement due by 5/19/2015. Signed by Judge Kandis A. Westmore on 03/03/2015. (kawlc2S, COURT STAFF) (Filed on 3/3/2015)

1 PHILIP M. MILLER (SBN 87877)
ANNE M. BEVINGTON (SBN 111320)
2 KIMBERLY A. HANCOCK (SBN 205567)
SALTZMAN & JOHNSON LAW CORPORATION
3 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
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[phone] – Facsimile
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[e-mail]
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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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11 AUTOMOTIVE INDUSTRIES PENSION
TRUST FUND, JAMES H. BENO, Trustee,
12 DON CROSATTO, Trustee, MARK
HOLLIBUSH, Trustee, STEPHEN J. MACK,
13 Trustee, JOSE SANTANA, Trustee, DOUG
CORNFORD, Trustee, JOHN DiBERNARDO,
14 Trustee, and JIM WELLS, Trustee,

Case No. C-14-05560-KAW
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE AND
EXTEND ALL RELATED DEADLINES,
AND STIPULATION TO EXTEND TIME
TO RESPOND TO COMPLAINT

Plaintiffs,

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v.
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WASHINGTON TOWNSHIP CENTRAL
17 CHEVROLET CO., a California corporation,
doing business as CENTRAL COLLISION
18 CENTER, and DOES 1 – 20,
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Date:
Time:
Courtroom:
Judge:

March 24, 2015
1:30 p.m.
4, 3rd Floor
Hon. Kandis A. Westmore

Compliant Filed: December 19, 2014
Trial Date:
Not Yet Set

Defendants.

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The parties stipulate to, and jointly request, a 60-day continuance of the Initial Case

22 Management Conference currently set for March 24, 2015 at 1:30 p.m. in Courtroom 4, 3rd Floor
23 of this Court, and a 60-day extension of all related deadlines, and seek the Court’s approval for
24 same. The parties further stipulate that, if the Court grants the requested continuance, Defendants’
25 deadline to respond to Plaintiffs’ Complaint be extended an additional 30-days from the current
26 deadline of March 13, 2015. Good cause exists for the request to continue the Initial Case
27 Management Conference for the following reasons.
-128
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL
CMC AND RELATED DEADLINES; Case No. C-14-05560-KAW
P:\CLIENTS\AUTPF\W\CASES\Central Collision\Pleadings\Stipulation to cont CMC.doc

This action arises under the Employee Retirement Income Security Act of 1974

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2 (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (29 U.S.C
3 §§1001-1461 (1982)), to recover withdrawal liability amounts allegedly owed by defendant
4 Washington Township Central Chevrolet Co., d/b/a Central Collision Center, and DOES 1-20
5 (“Defendants”) to Plaintiffs Automotive Industries Pension Trust Fund and its Trustees
6 (“Plaintiffs”), and to enforce the Trust Fund’s request for information under ERISA §4219(a)
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On December 19, 2014, the Plaintiffs filed a Complaint in this matter.

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On December 22, 2014, the Court entered its Order Setting Initial Case Management

9 Conference and ADR Deadlines (Dkt. #5), setting the Initial Case Management Conference for
10 March 24, 2015.
The Defendants have been served in the action as follows: Washington Township

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12 Central Chevrolet dba Central Collision Center was served on January 21, 2015 (Dkt. #8).
On February 6, 2015, the parties stipulated to a 30-day extension to March 13, 2015 for

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14 Defendants to respond to the Complaint (Dkt. #9).
The reason for the request is that the Defendants are in the process of reviewing and

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16 producing voluminous documents to Plaintiffs that may affect the scope of the action and the
17 prospects for settlement, and it would promote efficiency in the handling of the case to permit the
18 parties to review the documents before discussing early settlement, the scope of the pleadings and
19 issues, making initial disclosures, planning discovery and conferring about the scheduling of the
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Therefore, the parties respectfully request that the Initial Case Management Conference

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22 currently scheduled for March 24, 2015 be continued for 60 days.
No previous requests to change these dates have been submitted. The changes will not

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24 affect any other deadline on the Court’s calendar.
The parties also stipulate that, if the Court approves the requested continuance,

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26 Defendants’ time to respond to the Complaint is extended by an additional 30 days, to April 13,
27 2015.
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-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL
CMC AND RELATED DEADLINES; Case No. C-14-05560-KAW
P:\CLIENTS\AUTPF\W\CASES\Central Collision\Pleadings\Stipulation to cont CMC.doc

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SO STIPULATED.
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Dated: February 23, 2015

/S/ Sean T. Strauss
Robert F. Schwartz
Sean T. Strauss
TRUCKER HUSS, APC
Attorneys for Defendants
WASHINGTON TOWNSHIP CENTRAL
CHEVROLET CO., a California corporation, doing
business as CENTRAL COLLISION CENTER

Dated: February 23, 2015

/S/ Anne M. Bevington
ANNE M. BEVINGTON
SALTZMAN & JOHNSON LAW CORPORATION
Attorneys for Plaintiffs
AUTOMOTIVE INDUSTRIES PENSION TRUST
FUND, et al.

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CERTIFICATION RE SIGNATURES
I attest that concurrence in the filing of this document has been obtained from the other

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Dated: February 23, 2015

/S/ Anne M. Bevington______________
ANNE M. BEVINGTON

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-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL
CMC AND RELATED DEADLINES; Case No. C-14-05560-KAW
P:\CLIENTS\AUTPF\W\CASES\Central Collision\Pleadings\Stipulation to cont CMC.doc

ORDER

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

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continues the Initial Case Management Conference in this action 60 days from its currently

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scheduled date of March 24, 2015 at 1:30 P.m. in Courtroom 4, 3RD Floor of this Court to

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May 26, 2015 at 1:30 p.m.
_________________________________. All related deadlines are extended accordingly

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IT IS SO ORDERED.

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Date: ____________________
03/03/2015

_________________________________________________
HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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-4STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL
CMC AND RELATED DEADLINES; Case No. C-14-05560-KAW
P:\CLIENTS\AUTPF\W\CASES\Central Collision\Pleadings\Stipulation to cont CMC.doc