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

Filing 21

STIPULATION AND ORDER TO CONTINUE MEDIATION DEADLINE re 20 . STIPULATION WITH PROPOSED ORDER - Stipulation to Continue Mediation Deadline; Proposed Order Thereon filed by Richard Piombo, Operating Engineers Local 3 of the Internatio nal 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 Tr ust Fund For Operating Engineers, Operating Engineers' Health and Welfare Trust Fund for Northern California, Heavy and Highway Committee, Geoffrey V. White, Russell E. Burns, Central Valley Construction. Signed by Magistrate Judge Kandis A. Westmore on 2/14/18. (sisS, COURT STAFF) (Filed on 2/14/2018)

1 Michele R. Stafford, Esq. (SBN 172509)
George R. Nemiroff (SBN 262058)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, California 94104
Telephone: [phone]
4 Facsimile: [phone]
Email: [e-mail]
5 Email: [e-mail]
6 Attorneys for Plaintiffs, Operating Engineers’ Health
and Welfare Trust Fund For Northern California, et al.,
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David Johnston (SBN 71367)
8 Attorney at Law
1600 G Street, Suite 102
9 Modesto, California 95354
Telephone: [phone]
10 Facsimile: [phone]
Email: [e-mail]
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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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STIPULATION TO CONTINUE
MEDIATION DEADLINE; [PROPOSED]
ORDER THEREON

Plaintiffs,
v.

Magistrate Judge: Kandis A. Westmore

CENTRAL VALLEY CONSTRUCTION, a
California corporation;
Defendant.

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Case No.: 17-cv-02365-KAW

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

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

23 mediation deadline, currently scheduled for February 9, 2018, be continued for approximately
24 ninety to one-hundred and twenty (90-120) days. Good cause exists for the granting of a
25 continuance, as follows:
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1.

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

27 a Stipulation agreeing to participate in mediation (Dkt. #13).
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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_20118.docx
Case No.: C17-02365KAW

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2.

On July 17, 2017, the Court issued an Order (“Order”) referring this matter to

2 mediation (Dkt. #14). Pursuant to the Order, the deadline for the parties to complete mediation
3 was October 11, 2017.
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3.

On August 15, 2017, the Court issued a Notice appointing Geoffrey White as

5 mediator (Dkt. #17).
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4.

On August 28, 2017, the parties participated in a pre-mediation conference call

7 with Mr. White whereby the participants concluded that a mediation date would be set after the
8 parties had a further opportunity to meet and confer.
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5.

The parties’ efforts were successful as Defendant has contacted Plaintiffs’ auditors

10 and scheduled an audit appointment for October 26, 2017.
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6.

The employer thereafter complied by having the audit appointment and providing

12 the auditors with documentation necessary to conduct the audit.
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7.

The parties have been in continued communication in an effort to obtain the

14 additional documents necessary to complete the audit. However to date, the additional documents
15 remain outstanding and the parties are meeting and conferring regarding their production.
16 Compliance by Defendants is anticipated. Upon receipt of said documents, the auditors will
17 require additional time to review the information and incorporate it into their audit report.
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8.

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. Upon completion
20 of the audit, the parties anticipate utilizing Mr. White’s services as a mediator.
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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_20118.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 February 9, 2018, be continued for approximately ninety to one-hundred
3 and twenty (90 to 120) days to allow the audit to go forward and be completed prior to mediating
4 the case.
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6 Dated: February 9, 2018

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: February 9, 2018

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14 IT IS SO ORDERED.
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By: ______________/S/__________________
David Johnston, Esq.
Attorney for Defendants Central Valley
Construction

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set mediation
6/14/18
deadline is hereby continued to _______________, and all related deadlines are extended

accordingly.

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2/14/18
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_20118.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: February 9, 2018

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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_20118.docx
Case No.: C17-02365KAW