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

Filing 19

STIPULATION AND ORDER AS MODIFIED re 18 . STIPULATION WITH PROPOSED ORDER filed by Richard Piombo, Operating Engineers Local 3 of the International Union of Operating Engineers, AFL-CIO, Pensioned Operating Engineers' Health and Welfare Trust Fund, Operating Engineers and Participating Employers Pre-Apprentice, Apprentice and Journeymen Affirmative Action Training Fund, Pension Trust Fund For Operating Engineers, Operating Engineers' Health and Welfare Trust F und for Northern California, Heavy and Highway Committee, Russell E. Burns, Central Valley Construction. Case Management Statement due by 2/27/2018. Initial Case Management Conference set for 3/6/2018 01:30 PM. Mediation deadline extended to 2/9/18. Signed by Magistrate Judge Kandis A. Westmore on 9/29/17. (sisS, COURT STAFF) (Filed on 9/29/2017)

1 Michele R. Stafford, Esq. (SBN 172509)
George R. Nemiroff (SBN 262058)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
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San Francisco, California 94104
4 Telephone: [phone]
Facsimile: [phone]
5 Email: [e-mail]
Email: [e-mail]
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Attorneys for Plaintiffs, Operating Engineers’ Health
7 and Welfare Trust Fund For Northern California, et al.,
8 David Johnston (SBN 71367)
Attorney at Law
9 1600 G Street, Suite 102
Modesto, California 95354
10 Telephone: [phone]
Facsimile: [phone]
11 Email: [e-mail]
12 Attorneys for Defendant Central Valley Construction
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

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STIPULATION TO CONTINUE
MEDIATION DEADLINE; [PROPOSED]
ORDER THEREON AS MODIFIED

Plaintiffs,

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Case No.: 17-cv-02365-KAW

v.

Magistrate Judge: Kandis A. Westmore

CENTRAL VALLEY CONSTRUCTION, a
California corporation;

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Defendant.

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The parties in the above-titled action hereby stipulate and respectfully request that the

25 mediation deadline, currently scheduled for October 11, 2017, be continued for approximately
26 ninety to one-hundred and twenty (90-120) days. Good cause exists for the granting of a
27 continuance, as follows:
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STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON
C:\Users\IMBRIA~1\AppData\Local\Temp\notes06E812\Stipulation to Continue Mediation Deadline.docx
Case No.: C17-02365KAW

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As the Court’s records will reflect, on July 12, 2017, the parties in this matter filed

2 a Stipulation agreeing to participate in mediation (Dkt. #13).
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On July 17, 2017, the Court issued an Order (“Order”) referring this matter to

4 mediation (Dkt. #14). Pursuant to the Order, the deadline for the parties to complete mediation is
5 October 11, 2017.
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On August 15, 2017, the Court issued a Notice appointing Geoffrey White as

7 mediator (Dkt. #17).
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On August 28, 2017, the parties participated in a pre-mediation conference call

9 with Mr. White whereby the participants concluded that a mediation date would be set after the
10 parties had a further opportunity to meet and confer.
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The parties’ efforts have thus far been successful as Defendant has contacted

12 Plaintiffs’ auditors and scheduled an audit appointment for October 26, 2017.
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If the audit does not go forward, the parties will likely need to enlist the help of the

14 mediator in order to resolve any disputes. Mr. White has volunteered his services, in the context of
15 the court-appointed mediation, as a discovery referee.
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If the audit does go forward on October 26, 2017 as scheduled, the auditors

17 thereafter will need additional time to review the information and generate their report.
8.

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Accordingly, there is nothing to mediate at the current time and the parties

19 therefore request an extension of the mediation deadline to resolve this matter.
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STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON
C:\Users\IMBRIA~1\AppData\Local\Temp\notes06E812\Stipulation to Continue Mediation Deadline.docx
Case No.: C17-02365KAW

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9.

Therefore, the parties hereby stipulate and respectfully request that the mediation

2 deadline, currently set for October 11, 2017, be continued for approximately ninety to one3 hundred and twenty (90-120) days to allow the audit to go forward and be completed prior to
4 mediating the case.
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6 Dated: September 27, 2017

SALTZMAN & JOHNSON LAW CORPORATION

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By: ________________/S/________________
George R. Nemiroff, Esq.
Attorneys for Plaintiffs Health and
Welfare Trust Fund for Northern California et. al

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Dated: September 27, 2017

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By: ______________/S/__________________
David Johnston, Esq.
Attorney for Defendants Central Valley
Construction

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IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set mediation
deadline is hereby continued to _______________, and all related deadlines are extended
2/9/18
17 accordingly. The case management conference scheduled for 10/17/17 is continued to 3/6/18.
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9/29/17
19 Date: ____________________

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_________________________________________
JUDGE KANDIS A. WESTMORE
UNITED STATES DISTRICT COURT

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STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON
C:\Users\IMBRIA~1\AppData\Local\Temp\notes06E812\Stipulation to Continue Mediation Deadline.docx
Case No.: C17-02365KAW

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

3 concurrence in the filing of this document has been obtained from each of the other signatories
4 who are listed on the signature page.
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Dated: September 27, 2017

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By:
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/S/
George R. Nemiroff, Esq.
Attorneys for Plaintiffs

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STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON
C:\Users\IMBRIA~1\AppData\Local\Temp\notes06E812\Stipulation to Continue Mediation Deadline.docx
Case No.: C17-02365KAW