Operating Engineers' Health and Welfare Trust Fund for Northern California et al v. Central Valley Construction

Filing 16

STIPULATION AND ORDER re 15 MOTION to Continue JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN THE ALTERNATIVE, REQUEST FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER THEREON filed by Richard Piombo, Operating Engineers Lo cal 3 of the International Union of Operating Engineers, AFL-CIO, Pensioned Operating Engineers' Health and Welfare Trust Fund, Pension Trust Fund For Operating Engineers, Operating Engineers' Health and Welfare Trust Fund for Norther n California, Heavy and Highway Committee, Russell E. Burns, Central Valley Construction, Operating Engineers and Participating Employers Pre-Apprentice, Apprentice and Journeyman Affirmative Action Training Fund Initial Case Management Conference set for 10/17/2017 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 7/19/17. (sisS, COURT STAFF) (Filed on 7/19/2017)

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Michele R. Stafford, Esq. (SBN 172509)
George R. Nemiroff (SBN 262058)
SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs, Operating Engineers’ Health
and Welfare Trust Fund For Northern California, et al.

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David C. Johnston (SBN 71367)
Attorney at Law
1600 G Street, Suite 102
Modesto, California 95354
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Defendant Central Valley Construction, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OPERATING ENGINEERS’ HEALTH AND
WELFARE TRUST FUND FOR NORTHERN
CALIFORNIA, et al.,

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Case No.: 17-cv-02365-KAW
JOINT REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE OR, IN
THE ALTERNATIVE, REQUEST FOR
TELEPHONIC APPEARANCE;
[PROPOSED] ORDER THEREON:
x
Date:
Tuesday, July 25, 2017
Time:
10:00 a.m.
Ctrm:
4, Third Floor
1301 Clay Street
Oakland, California
Judge:
Hon. Magistrate Judge
Kandis A. Westmore :
x

Plaintiffs,
v.
CENTRAL VALLEY CONSTRUCTION, INC., a
California corporation;

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Defendant.

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Plaintiffs Operating Engineers’ Health and Wealth Trust Fund, et al. and Defendant Central

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Valley Construction, Inc. (collectively, “the Parties”) respectfully request that the Case Management

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Conference, currently on calendar for July 25, 2017, be continued for approximately sixty to ninety (60-

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JOINT REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
C:\Users\IMBRIA~1\AppData\Local\Temp\notesF8C1A4\Request to Continue CMC 071817.docx
Case No.: 17-cv-02365-KAW

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90) days. Good cause exists for the granting of the continuance, as follows:
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As the Court’s records will reflect, this action was filed on April 26, 2017 (Dkt. #1).

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Defendant was personally served on May 4, 2017, and a Proof of Service of Summons was filed with the

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Court on May 25, 2017 (Dkt. #9). Defendant has retained counsel and counsel for Defendant filed an

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Answer to Complaint (Dkt. #8).

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2.

Defendant’s counsel has contacted Plaintiffs’ counsel and the parties are currently

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working to resolve this matter without the need for further litigation. The parties filed an ADR

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stipulation agreeing to proceed to mediation. (Dkt. #13).

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3.

Defendant’s counsel has notified Plaintiffs’ counsel that he and his spouse are currently

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recovering from physical injuries but has nevertheless indicated his willingness to attempt to resolve the

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matter informally.

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4.

There are no issues that need to be addressed by the parties at the currently scheduled

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Case Management Conference. In the interest of conserving costs, as well as the Court’s time and

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resources, the Parties respectfully request that the upcoming Case Management Conference be continued

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for approximately sixty to ninety (60-90) days, to allow sufficient time to informally attempt to resolve

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the matter and to proceed to mediation if the matter cannot be informally resolved.

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5.

In the alternative, Plaintiffs request that they may appear at the hearing telephonically. As

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attorneys’ fees and costs are “out of pocket,” Plaintiffs are attempting to keep fees (and thus the Trust

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Funds’ loss) at a minimum.

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Executed this 18th day of July 2017 at San Francisco, California.

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SALTZMAN & JOHNSON LAW CORPORATION
By:
/S/
George R. Nemiroff
Attorneys for Plaintiffs, Operating Engineers’ Health
and Welfare Trust Fund For Northern California, et
al.

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JOINT REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
C:\Users\IMBRIA~1\AppData\Local\Temp\notesF8C1A4\Request to Continue CMC 071817.docx
Case No.: 17-cv-02365-KAW

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DAVID C. JOHNSTON, ATTORNEY AT LAW

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/S/
David C. Johnston
Attorney for Defendant, Central Valley Construction

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IT IS SO ORDERED.
The

currently

set

Case

Management

Conference

is

hereby

continued

to

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October 17, 2017
__________________________ at __________________, and all previously set deadlines and dates
1:30 pm

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related to this case are continued accordingly, or, alternatively, Plaintiffs may appear at the Case

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Management Conference by telephone.

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7/19
DATED: _________, 2017

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UNITED STATES MAGISTRATE JUDGE

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JOINT REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
C:\Users\IMBRIA~1\AppData\Local\Temp\notesF8C1A4\Request to Continue CMC 071817.docx
Case No.: 17-cv-02365-KAW

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ATTESTATION CERTIFICATE

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In accord with the Northern District of California’s Civil Local Rule 5-1, I attest that

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concurrence in the filing of this document has been obtained from each of the other signatories who are

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listed on the signature page.

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Dated: July 18, 2017
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/S/

By:
George R. Nemiroff
Attorneys for Plaintiffs

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C:\Users\IMBRIA~1\AppData\Local\Temp\notesF8C1A4\Request to Continue CMC 071817.docx

ATTESTATION CERTIFICATE
Case No.: 17-cv-02365 KAW