District Council 16 Northern California Health and Welfare Trust Fund et al v. RBE Construction, Inc.

Filing 31

ORDER by Judge Haywood S. Gilliam, Jr. Granting 30 Second Joint Request to Extend Mediation Completion Deadline by 80 Days. (ndrS, COURT STAFF) (Filed on 3/12/2018)

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1 2 3 4 5 6 Michele R. Stafford, Esq. (SBN 172509) Matthew P. Minser, Esq. (SBN 296344) SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 San Francisco, California 94104 Telephone: (415) 882-7900 Facsimile: (415) 882-9287 Email: mstafford@sjlawcorp.com Email: mminser@sjlawcorp.com Attorneys for Plaintiffs, District Council 16 Nor. Cal. Health and Welfare Trust Fund, et al. 7 8 9 10 Wallace E. Smith (SBN 112091) Squire Patton Boggs (US) LLP 275 Battery Street, Suite 2600 San Francisco, California 94111 Telephone: (415) 954-0200 Facsimile: (415) 393-9887 Email: wallace.smith@squirepb.com 11 Attorneys for Defendant, RBE Construction, Inc., et al. 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 DISTRICT COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WELFARE TRUST FUND, et al., Case No. 4:17-cv-03327-HSG SECOND JOINT REQUEST TO EXTEND MEDIATION COMPLETION DEADLINE BY 80 DAYS; ORDER 17 Plaintiffs, 18 v. 19 20 21 RBE CONSTRUCTION INC., a California corporation, doing business as SLINGSHOT DRYWALL, Defendant. 22 Plaintiffs and Defendant RBE Construction, Inc. dba Slingshot Drywall, by and through their 23 respective counsel of record, hereby respectfully request to extend the deadline to hold the mediation 24 session by 80 days. Good cause exists for the continuance, as follows: 25 1. On October 26, 2017, the Court ordered the Parties to participate in mediation within the 26 presumptive deadline of ninety days, (Dkt. No. 24), as stipulated. The deadline for the Parties to 27 participate in mediation was January 24, 2018. 28 1 SECOND JOINT REQUEST TO EXTEND MEDIATION COMPLETION DEADLINE BY 80 DAYS; ORDER Case No. 4:17-cv-03327-HSG 1 2 3 4 5 6 2. On November 13, 2017, the Court issued a Notice of Appointment of Mediator James H. Fleming (Dkt. No. 25). 3. The parties participated in a pre-mediation phone conference on November 29, 2017 with Mr. Fleming, and scheduled a mediation hearing for January 22, 2018. 4. In late December 2017, Defendant provided documents necessary to complete the pending audit to Plaintiffs’ auditor, Lindquist, LLP (“Lindquist”). 7 5. Lindquist initially advised Plaintiffs’ counsel that a draft audit report would be completed 8 in early February. 9 6. On January 28, 2018, the Parties submitted a joint request to extend the mediation 10 completion deadline by 60 days. The Court granted that request and extended the mediation completion 11 deadline to March 23, 2018 (Dkt. No. 29). 12 13 7. Plaintiffs’ auditor Lindquist was unable to complete the draft audit in the timeframe initially estimated. The draft audit was not completed until March 7, 2018. 14 8. 15 specific findings. 16 9. 17 18 Defendant has not had the opportunity to review the audit in detail and respond to the The Parties believe that mediation will be most effective once the Defendant has had the chance to review the audit and the dispute process has been completed. 10. Counsel has discussed this with Mr. Fleming, the mediator, and he has expressed his 19 support for the requested extension. Because of his travel schedule in May 2018, he will not be able to 20 prepare and schedule the mediation until June. 21 11. The Parties therefore request that the Court extend the March 23, 2018 deadline to hold 22 the mediation session by 80 days (June 11, 2018) to allow the Parties to complete the audit process prior 23 to mediating. 24 DATED: March 9, 2018 SALTZMAN & JOHNSON LAW CORPORATION 25 26 27 28 By: /s/ Matthew P. Minser Matthew P. Minser Attorneys for Plaintiffs, District Council 16 Nor. Cal. Health and Welfare Trust Fund, et al. 2 SECOND JOINT REQUEST TO EXTEND MEDIATION COMPLETION DEADLINE BY 80 DAYS; ORDER Case No. 4:17-cv-03327-HSG 1 2 3 DATED: March 9, 2018 : SQUIRE PATTON BOGGS (U LLP RE N US) /s/ W Wallace E. Sm mith 4 By y: 5 e Wallace E. Smith Attorney for Defen ys ndant, RBE C Construction Inc., n, et al. 6 7 CERTIFICA ATION RE: SIGNATUR RES 8 oncurrence in the filing has been obt i h tained from the other Sig gnatory. I attest that co 9 0 10 : DATED: March 9, 2018 11 By y: 12 2 /s/ W Wallace E. Sm mith e Wallace E. Smith 13 14 4 IT IS SO OR T RDERED. The deadline to hold the mediation se T m ession is exte ended by 80 days to Jun 11, 2018. 0 ne 15 16 6 DATED: March 12, 2018 : 17 UNIT TED STATE DISTRICT COURT J ES JUDGE 18 9 19 20 0 21 22 2 23 24 4 25 26 6 27 28 3 SECOND JOINT REQU UEST TO EX XTEND MEDI IATION COM MPLETION D DEADLINE BY 80 DAYS; ORDER Case No. 4:17-cv-03327-HSG 4

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