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

Filing 23

STIPULATION AND ORDER AS MODIFIED re 22 . Joint 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, Op erating Engineers Local 3 of the International Union of Operating Engineers, AFL-CIO, Pensioned Operating Engineers' Health and Welfare Trust Fund, Geoffrey V. White, 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 Fund for Northern California. Case Management Statement due by 5/29/2018. Further Case Management Conference set for 6/5/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 2/27/18. (sisS, COURT STAFF) (Filed on 2/27/2018)

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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:ASAS
x
AS MODIFIED
Date:
Tuesday, March 6, 2018
Time:
1:30 p.m.
Ctrm:
4, Third Floor
1301 Clay Street
Oakland, California
Judge:
Hon. Magistrate Judge
Kandis A. Westmore :
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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 March 6, 2018, be continued for approximately sixty to ninety

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JOINT REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
C:\Users\IMBRIA~1\AppData\Local\Temp\notes06E812\Request to Continue CMC_22718.docx
Case No.: 17-cv-02365-KAW

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(60-90) 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.

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

(Dkt. #14).
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On August 15, 2017, the Court issued a Notice appointing Geoffrey White as mediator

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

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White whereby the participants concluded that a mediation date would be set after the parities had a

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further opportunity to meet and confer.

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6.

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

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scheduled an audit appointment for October 26, 2017. The employer thereafter complied by having the

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audit appointment and providing the auditors with documentation necessary to proceed with the audit.

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7.

The parties have been in continued communication throughout the audit process.

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However, Plaintiffs have been informed by the auditors that to date additional documents remain

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outstanding and the parties are meeting and conferring regarding their production. Compliance by

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Defendants is anticipated. Upon receipt of said documents, the auditors will require additional time to

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review the information and incorporated it into their audit report.

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8.

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, or until after the mediation has taken place (Dkt. #21), to

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JOINT REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
C:\Users\IMBRIA~1\AppData\Local\Temp\notes06E812\Request to Continue CMC_22718.docx
Case No.: 17-cv-02365-KAW

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allow sufficient time to informally attempt to resolve the matter; if Plaintiffs cannot obtain the

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outstanding documents, they will reinitiate the mediation process if the matter cannot be informally

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resolved.

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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 27th day of February 2018 at San Francisco, California.

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SALTZMAN & JOHNSON LAW CORPORATION

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

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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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1:30 p.m.
June 5, 2018
__________________________ at __________________, and all previously set deadlines and dates

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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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2/27
DATED: _________, 2018

The joint case management statement is due by 5/29/18.

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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\notes06E812\Request to Continue CMC_22718.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: February 27, 2018
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/S/

By:
George R. Nemiroff
Attorneys for Plaintiffs

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C:\Users\IMBRIA~1\AppData\Local\Temp\notes06E812\Request to Continue CMC_22718.docx

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