Avila-v-International Association of Sheet Metal, et al.

Filing 17

STIPULATION AND ORDER re 16 . STIPULATION WITH PROPOSED ORDER to Stay Action or, in the Alternative, Regarding Defendants' Responsive Pleadings filed by Mark A. Avila, International Association of Sheet Metal, Air, Rail and Transportation Workers, Sheet Metal Workers Local Union No. 104. Signed by Magistrate Judge Kandis A. Westmore on 7/11/18. (sisS, COURT STAFF) (Filed on 7/11/2018)

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1 2 3 4 JOSEPH W. McCARTHY (SBN: 164433) Joseph W. McCarthy, a Law Corporation 400 Reed Street Santa Clara, CA 95050 Telephone: (408) 727-4111 Facsimile: (408) 727-4343 Email: joe@mccarthylawcorp.com 5 6 7 8 9 10 11 Attorney for Plaintiff Mark A. Avila EILEEN B. GOLDSMITH (SBN 218029) ZOE PALITZ (SBN 275752) Altshuler Berzon LLP 177 Post Street, Suite 300 San Francisco, California 94108 Telephone: (415) 421-7151 Facsimile: (415) 362-8064 E-mail: egoldsmith@altber.com E-mail: zpalitz@altber.com 12 13 Attorneys for Defendant Sheet Metal Workers’ Local Union No. 104 14 Additional Counsel listed on following page 15 IN THE UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 MARK A. AVILA., Plaintiff, CASE NO. 18-CV-02148-KAW 20 v. STIPULATION TO STAY ACTION OR, IN THE ALTERNATIVE, REGARDING DEFENDANTS’ RESPONSIVE PLEADINGS; [PROPOSED] ORDER 21 INTERNATIONAL ASSOICATION OF SHEET METAL, AIR, RAIL AND TRANSPORTATION WORKERS, et al., Complaint Filed: 4-11-2018 19 22 23 Defendants. 24 25 26 27 28 Stipulation to Stay Action or, in the Alternative, Regarding Defendants’ Responsive Pleadings; [Proposed] Order; Case No. 18-cv-02148-KAW 1 2 3 4 Richard G. McCracken (SBN 62058) McCraken Stemerman & Holsberry LLP 595 Market Street, Suite 800 San Francisco, CA 94105 Telephone: (415) 597-7200 Facsimile: (415) 597-7201 E-mail: rmccracken@msh.law 5 6 7 Attorneys for Defendant International Association of Sheet Metal, Air, Rail & Transportation Workers 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Stay Action or, in the Alternative, Regarding Defendants’ Responsive Pleadings; [Proposed] Order; Case No. 18-cv-02148-KAW 1 WHEREAS, Plaintiff Mark Avila filed this action on April 11, 2018; 2 WHEREAS Defendant Sheet Metal Workers’ Local Union No. 104 (“Local 104”) accepted 3 service of the Complaint in exchange for an agreement to answer or otherwise respond to the 4 Complaint by July 27, 2018; 5 6 WHEREAS Defendant International Association of Sheet Metal, Air, Rail & Transportation Workers (“SMART”) was served with the Complaint on May 31, 2018; 7 8 WHEREAS on April 11, 2018, Avila also filed a motion to stay this action pending exhaustion of further internal union appeals (Dkt. 3); 9 WHEREAS Local 104 and SMART do not oppose the motion for a stay; 10 WHEREAS the Parties have met and conferred regarding the applicability of General Order 11 71, and agree that it does not apply to this action, which is not an “employment case” within the 12 meaning of General Order 71; 13 WHEREAS Plaintiff and Local 104 previously stipulated to a stay of this action pending 14 Plaintiff’s further exhaustion of his internal union appeals (Dkt. 12); and this Court denied the 15 stipulation, while stating that the Court would entertain another stipulation after all defendants were 16 properly before the Court (Dkt. 13); 17 The Parties hereby stipulate and agree as follows: 18 1. This action is immediately stayed. 19 2. All case management deadlines, including deadlines for the Fed. R. Civ. P. 26(f) 20 conference and initial disclosures, are immediately stayed until 30 days after Avila has exhausted his 21 internal union appeals. 22 3. If, for any reason, this Court does not approve this stipulation or grant Avila’s motion 23 for a stay, Local 104 and SMART shall have until August 24, 2018 to answer or otherwise respond to 24 the Complaint. Local 104 and SMART do not waive any defenses with respect to the Complaint, 25 including any defenses with respect to the exhaustion of internal union appeals. 26 3. 27 // 28 General Order 71 does not apply to this action. // 1 Stipulation to Stay Action or, in the Alternative, Regarding Defendants’ Responsive Pleadings; [Proposed] Order; Case No. 18-cv-02148-KAW 1 Dated: July 9, 2018 /s/ Joseph W. Mc Carthy Joseph W. McCarthy Attorney for Plaintiff Dated: July 9, 2018 /s/ Eileen B. Goldsmith f Eileen B. Goldsmith Attorneys for Defendant Sheet Metal Workers’ Local Union No. 104 Dated: July 9, 2018 /s/ Richard G. McCracken Richard G. McCracken Attorneys for Defendant International Association of Sheet Metal, Air, Rail & Transportation Workers 2 g 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Stipulation to Stay Action or, in the Alternative, Regarding Defendants’ Responsive Pleadings; [Proposed] Order; Case No. 18-cv-02148-KAW 1 2 [PROPOSED] ORDER Pursuant to stipulation, and for good cause shown, this action is STAYED until 30 days after 3 Avila has exhausted his internal union appeals. The Case Management Conference scheduled for 4 September 11, 2018 is VACATED. General Order 71 shall not be applied in this action. 5 IT IS SO ORDERED. 6 7 8 7/11/18 Date: ___________________ _____________________________ Hon. Kandis A. Westmore United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation to Stay Action or, in the Alternative, Regarding Defendants’ Responsive Pleadings; [Proposed] Order; Case No. 18-cv-02148-KAW

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