Operating Engineers' Health and Welfare Trust Fund for Northern California et al v. Vortex Marine Construction, Inc.

Filing 57

STIPULATION AND ORDER re 56 . Joint MOTION to Continue TO CONTINUE CASE MANAGEMENT CONFERENCE AND EXTEND MEDIATION DEADLINE filed by Richard Piombo, Operating Engineers Local 3 of the International Union of Operating Engineers, AFL-C IO, Pensioned Operating Engineers' Health and Welfare Trust Fund, Operating Engineers and Participating Employers Pre-Apprentice, Apprentice and Journeymen Affirmative Action Training Fund, Operating Engineers Local Union No. 3 Vacation, Ho liday and Sick Pay Trust Fund, Pension Trust Fund For Operating Engineers, Vortex Marine Construction Inc., Operating Engineers' Health and Welfare Trust Fund for Northern California, Heavy and Highway Committee, Russell E. Burns, James E. Murray. Case Management Statement due by 2/12/2019. Further Case Management Conference set for 2/19/2019 01:30 PM. Mediation deadline extended to January 31, 2019. Signed by Magistrate Judge Kandis A. Westmore on 10/17/18. (sisS, COURT STAFF) (Filed on 10/17/2018)

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Michele R. Stafford, Esq. (SBN 172509)
Matthew P. Minser, Esq. (SBN 296344)
SALTZMAN & JOHNSON LAW CORPORATION
1141 Harbor Bay Parkway, Suite 100
Alameda, California 94502
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs, Operating Engineers’ Health
And Welfare Trust Fund for Northern California, et al.
Marcus T. Brown (State Bar No. 255662)
Law Office of Marcus T. Brown
3100 Oak Road, Suite 100
Walnut Creek, CA 94597
[phone] / [phone] (Fax)
[e-mail]

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Attorney for Defendant, Vortex Marine Construction, Inc.,
A California Corporation, dba Vortex Diving, 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, et al.,

Case No. C17-03614 KAW

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JOINT REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
EXTEND MEDIATION DEADLINE;
[PROPOSED] ORDER THEREON

Plaintiffs,
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v.
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Date:
Time:
Location:

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October 23, 2018
1:30 p.m.
1301 Clay Street,
Oakland, California

Judge:
Westmore

VORTEX MARINE CONSTRUCTION, INC., a
California Corporation, dba VORTEX DIVING,
INC.,
Defendant.

Honorable Kandis A.

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Plaintiffs and Defendant Vortex Marine Construction, Inc., A California Corporation, (“Vortex”
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or “Defendant”), by and through their respective counsel of record, hereby respectfully request to
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continue the Case Management Conference, currently on calendar for October 23, 2018 for
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approximately ninety (90) days. Plaintiffs and Defendant also respectfully request to extend the deadline
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to hold the mediation session by ninety (90) days. Good cause exists for the extensions, as follows:
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1.

As the Court’s records will reflect, this action was filed on June 22, 2017 (Dkt. #1).

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JOINT REQUEST TO CONTINUE CMC AND EXTEND MEDIATION DEADLINE
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Case No. C17-03614 KAW

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Defendant’s Agent for Service of Process was served on July 14, 2017. Plaintiffs filed a Proof of Service

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of Summons with the Court on August 23, 2017 (Dkt. #8).

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entered on August 29, 2017 (Dkt. #10).

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Plaintiffs filed a Request for Entry of Default on August 23, 2017 (Dkt. #9). Default was

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Plaintiffs filed a Motion for Default Judgment on February 6, 2018 (Dkt. #15). Defendant

filed an Opposition to Plaintiffs’ Motion for Default Judgment on February 20, 2018 (Dkt. #26).

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4.

Defendant filed a Motion to Set Aside Entry of Default on February 20, 2018 (Dkt. #23).

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Plaintiffs filed an Opposition to Defendant’s Motion to Set Aside Entry of Default on March 6, 2018

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(Dkt. #31).

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The Hearing on Defendant’s Motion to Set Aside Entry of Default was held on April 19,

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2018. On April 27, 2018, this Court issued an Order temporarily granting Defendant’s Motion to Set

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Aside Entry of Default (Dkt. #38).

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(Dkt. #46).

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Counsel then attempted to coordinate via e-mail to secure a mutually agreeable date for

mediation. However, the Parties and Mr. Willoughby were unable to coordinate an acceptable date.

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The Parties participated in a pre-mediation phone conference on July 25, 2018 with Mr.

Willoughby.

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On July 3, 2018, the Court issued a Notice of Appointment of Mediator Randall

Willoughby (Dkt. No. 53).

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On June 26, 2018, the Court ordered the Parties to participate in mediation within the

presumptive deadline of ninety days, (Dkt. No. 52), as stipulated.

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On June 26, 2018, Counsel participated in a Case Management Conference. At that time,

the Court set the pretrial schedule.

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On June 20, 2018, the Court granted Defendant’s Motion to Set Aside Entry of Default

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Counsel then determined that both November 1, 2018 and November 8, 2018 are dates

that are acceptable to all necessary individuals except Mr. Willoughby, the mediator.

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13.

The Parties have confirmed that due to scheduling conflicts, it will be impossible to hold

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JOINT REQUEST TO CONTINUE CMC AND EXTEND MEDIATION DEADLINE
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Case No. C17-03614 KAW

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a mediation session during any other date in November or December.

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Counsel then contacted the Court’s ADR department who confirmed that they can

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attempt to find another mediator for either November 1, 2018 or November 8, 2018 however the ADR

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department confirmed that the mediation deadline must be extended by the Court first.

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15.

On October 16, 2018, Mr. Willoughby’s office contacted Counsel to state that Mr.

Willoughby is now available to conduct mediation on November 1, 2018.

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JOINT REQUEST TO CONTINUE CMC AND EXTEND MEDIATION DEADLINE
C:\Users\IMBRIA~1\AppData\Local\Temp\notes06E812\Request to Continue CMC and Extend Mediation Deadline.docx
Case No. C17-03614 KAW

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16.

Therefore, there are no issues that need to be addressed by this Court at the currently

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

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

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continued for approximately ninety (90) days, to allow sufficient time for the Parties to participate in

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mediation.

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deadline by ninety (90) days to allow the Parties to attempt to hold the mediation on November 1, 2018

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and to have additional flexibility to proceed to mediation in January 2019 if circumstances prevent

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mediation from being held on November 1, 2018.

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Further, the Parties therefore respectfully request that the Court extend the mediation

Respectfully submitted,
DATED: October 16, 2018

SALTZMAN & JOHNSON LAW
CORPORATION

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By:
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/S/
Matthew P. Minser
Attorneys for Plaintiffs, Operating Engineers’
Health And Welfare Trust Fund for Northern
California, et al.

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DATED: October 16, 2018

LAW OFFICE OF MARCUS T. BROWN

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By:

/S/
Marcus T. Brown
Attorneys for Defendant, Vortex Marine
Construction, Inc., A California Corporation, dba
Vortex Diving, Inc.

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IT IS SO ORDERED.

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The

currently

set

Case

Management

Conference

is

hereby

continued

to

February 19, 2019
1:30 p.m.
__________________________ at __________________, and all previously set deadlines and dates

related to this case are continued accordingly. The deadline to hold the mediation session is extended by
January 31,
9
____ days to _______________________, 201_.

DATED: 10/17

, 2018
UNITED STATES MAGISTRATE JUDGE

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JOINT REQUEST TO CONTINUE CMC AND EXTEND MEDIATION DEADLINE
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Case No. C17-03614 KAW

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CERTIFICATION RE: SIGNATURES

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I attest that concurrence in the filing has been obtained from the other Signatory.

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DATED: October 16, 2018
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By:

/S/
Matthew P. Minser

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JOINT REQUEST TO CONTINUE CMC AND EXTEND MEDIATION DEADLINE
C:\Users\IMBRIA~1\AppData\Local\Temp\notes06E812\Request to Continue CMC and Extend Mediation Deadline.docx
Case No. C17-03614 KAW