Electrical Industry Service Bureau, Inc., et al v. J Copello International Corp. d/b/a Copello Electric Co.

Filing 37

ORDER GRANTING AS MODIFIED A 36 STIPULATION CHANGING TIME; AND CONTINUING SCHEDULE FOR TRIAL AND PRETRIAL MATTERS. Discovery due by 12/31/2016. Motions due by 2/28/2017. Jury Selection set for 8/2/2017 08:00 AM in Courtroom 5, 2nd Floor, Oa kland before Hon. Jeffrey S. White. Jury Trial set for 8/7/2017 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Pretrial Conference set for 7/17/2017 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White . Responses due by 3/14/2017. Replies due by 3/21/2017. Motion Hearing set for 5/5/2017 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 4/21/16. (jjoS, COURT STAFF) (Filed on 4/21/2016)

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Benjamin K. Lunch, State Bar No. 246015
Wan Yan Ling, State Bar No. 297029
NEYHART, ANDERSON, FLYNN & GROSBOLL
369 Pine Street, Suite 800
San Francisco, CA 94104
Tel. [phone]
Fax [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs

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Patricia Walsh, State Bar No. 121098
LEONIDOU & ROSIN
777 Cuesta Drive, Suite 200
Mountain View, CA 94040
Tel. [phone]
Fax [phone]
Email: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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(Oakland Division)

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ELECTRICAL INDUSTRY SERVICE
BUREAU, INC., et al.

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Case No.

15-CV-1946-JSW

STIPULATED REQUEST FOR ORDER
CHANGING TIME AND PROPOSED
ORDER CONTINUING SCHEDULE FOR
TRIAL AND PRETRIAL MATTERS
AS MODIFIED

Plaintiffs,
v.
J COPELLLO INTERNATIONAL CORP.
d/b/a COPELLO ELECTRIC CO.

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Defendant.
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______________________________________

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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-1STIPULATED REQUEST FOR ORDER CHANGING TIME AND PROPOSED ORDER
Case No. 15-CV-1946-JSW

Pursuant to Local Rules 6-1 and 6-2, the parties through undersigned counsel hereby

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stipulate and respectfully request that the Court stay all proceedings for a period of five months

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so that the parties may continue to engage in the settlement process. The parties declare in

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support of this request:

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WHEREAS, the Court issued a Civil Minute Order (Dckt. No. 32) on January 8, 2016

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with the following deadlines:
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Close of fact discovery

July 31, 2016

Dispositive motions due

September 30, 2016

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Opposition due

October 14, 2016

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Reply due

October 21, 2016

Hearing on dispositive motions

December 2, 2016 at 9:00 AM

Pretrial conference

February 13, 2017 at 2:00 PM

Trial

March 6, 2017 at 8:00 AM

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WHEREAS, as stated in the accompanying Declaration of Wan Yan Ling in support of

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Stipulated Request for Order Changing Time, Plaintiff Trust Funds’ audit process entails a

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preliminary audit report, draft audit report, and a final audit report, with input and review by the

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administrator, Defendant employer, and trustees;

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WHEREAS , a preliminary audit report was provided to Defendant on March 18, 2016;
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WHEREAS, the parties engaged unsuccessfully in Court-ordered mediation on March 24,

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2016;
WHEREAS, Defendant desires to engage in the audit dispute process, prior to which
Defendant believes no meaningful settlement discussions can be had;

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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-2STIPULATED REQUEST FOR ORDER CHANGING TIME AND PROPOSED ORDER
Case No. 15-CV-1946-JSW

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WHEREAS, Defendant believes in good faith that absent a significant change in the

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position of Plaintiffs with respect to the preliminary audit findings, Defendant may in the near

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future have no alternative but to file for bankruptcy protection, and that it would benefit the

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parties to mitigate their fees expended in this action until such filing occurs;

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WHEREAS, based on the the foregoing facts, it would be in the interest of judicial

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economy to enlarge time as set forth herein;
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WHEREAS, per Local Rule 6-2(a), this stipulated request is accompanied by a declaration
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which sets forth with particularity, the reasons for the enlargement of time;

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WHEREAS the parties are hopeful of settling this case;

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THEREFORE, pursuant to Local Rules 6-1 and 6-2, the parties though their respective

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attorneys stipulate as follows:
The parties respectfully request that the Court stay all proceedings for a period of five

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months to allow the parties time to complete the audit process, continue settlement discussions,
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determine whether defendant will file for bankruptcy protection, and make such filing. Such a
stipulation will have the effect of moving the following deadlines:
Current date

Proposed date

Close of fact discovery

July 31, 2016

December 31, 2016

Dispositive motions due

September 30, 2016

February 28, 2017

Opposition due

October 14, 2016

March 14, 2017

Reply due

October 21, 2016

March 21, 2017

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Hearing on dispositive

December 2, 2016 at 9:00 AM

May 5, 2017 at 9:00 AM

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motions

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Pretrial conference

February 13, 2017 at 2:00 PM

July 17, 2017 at 2:00 PM

Jury Selection

March 1, 2017 at 8:00 AM

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August 2, 2017 at 8:00 AM

NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-3STIPULATED REQUEST FOR ORDER CHANGING TIME AND PROPOSED ORDER
Case No. 15-CV-1946-JSW

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March 6, 2017 at 8:00 AM

Trial

August 7, 2017 at 8:00 AM

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IT IS SO STIPULATED AND AGREED.
Dated: April 13, 2016

By: /s/ Wan Yan Ling
WAN YAN LING
Attorney for Plaintiffs
Neyhart, Anderson, Flynn & Grosboll

Dated: April 19, 2016

By: /s/ Patricia Walsh
PATRICIA WALSH
Attorney for Defendant
Leonidou & Rosin

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The parties shall take note of the Court's modification of the proposed schedule, which provides that
jury selection shall take place on August 2, 2017, at 8:00 a.m., as set forth on page 3 of this order.
Dated: April 21, 2016

_______________________
Hon. Jeffrey S. White
United States District Judge

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NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-4STIPULATED REQUEST FOR ORDER CHANGING TIME AND PROPOSED ORDER
Case No. 15-CV-1946-JSW