STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

Case No. C 08-03292 EMC

WEINBERG, ROGER & 

ROSENFELD

A Professional Corporation

1001 Marina Village Parkway

Suite 200

Alameda, CA 94501-1091

(510) 337-1001

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BARRY E. HINKLE, Bar No. 071223

CONCEPCIÓN E. LOZANO-BATISTA, Bar No. 227227

KRISTINA M. ZINNEN, Bar No. 245346

WEINBERG, ROGER & ROSENFELD

A Professional Corporation

1001 Marina Village Parkway, Suite 200

Alameda, California 94501-1091

Telephone (510) 337-1001

Fax (510) 337-1023

 

Attorneys for Plaintiffs

G. DANIEL NEWLAND, Bar No. 087965

ARI HERSHER, Bar No. 260321

SEYFARTH SHAW LLP

560 Mission Street, Suite 3100

San Francisco, California 94105

Telephone (415) 397-2823

Fax (415) 397-8549

Attorneys for Defendant

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

THE BOARD OF TRUSTEES, in their 

capacities as Trustees of the LABORERS 

HEALTH AND WELFARE TRUST FUND 

FOR NORTHERN CALIFORNIA; LABORERS 

VACATION-HOLIDAY TRUST FUND FOR 

NORTHERN CALIFORNIA; LABORERS 

PENSION TRUST FUND FOR NORTHERN 

CALIFORNIA; and LABORERS TRAINING 

AND RETRAINING TRUST FUND FOR 

NORTHERN CALIFORNIA; NORTHERN 

CALIFORNIA DISTRICT COUNCIL OF 

LABORERS for itself and on behalf of 

LABORERS’ LOCAL 139

Plaintiffs, 

v.

CAL-KIRK LANDSCAPING, INC., A 

California Corporation,

Defendant.

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No. C 08-03292 EMC

STIPULATED REQUEST TO 

CONTINUE CASE MANAGEMENT 

CONFERENCE; [PROPOSED] 

ORDER

Date: April 28, 2010 

Time: 1:00 p.m. 

Judge: Honorable Edward M. Chen 

Courtroom: C, 15th Floor 

Case 3:08-cv-03292-EMC Document 38 Filed 04/13/10 Page 1 of 3
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STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

Case No. C 08-03292 EMC

WEINBERG, ROGER & 

ROSENFELD

A Professional Corporation

1001 Marina Village Parkway

Suite 200

Alameda, CA 94501-1091

(510) 337-1001

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Pursuant to Civil Local Rules 7-12 and 16-2, Plaintiffs and Defendant hereby request that 

the initial Case Management Conference scheduled for April 28, 2010 be continued for 60 days. 

Plaintiffs and Defendant are in the process of attempting to resolve this matter. Plaintiffs filed the 

original Complaint and Petition to Confirm in this action on July 9, 2008. On or around November 

2008, Defendant agreed to allow Plaintiffs’ auditors to audit their records to determine whether any 

amounts were due and owing as a result of the audit. Plaintiffs thereafter conducted an audit of 

Defendant’s records and found a number of delinquencies owed by Defendant. On or around 

February 2009, Plaintiffs submitted their audit findings to Defendant to allow Defendant the 

opportunity to review those results and challenge any delinquencies it believed were in error. After 

receiving no response from Defendant, Plaintiffs filed their First Amended Complaint for Petition 

to Confirm Arbitration Award, Breach of Contract, Damages, and Breach of Fiduciary Duty on 

May 7, 2009. On or around May 15, 2009, Plaintiffs received documentation from Defendant. On 

or around June 3, 2009, Plaintiffs were notified that Defendant had retained legal counsel on or 

around May 21, 2009. On June 4, at the request of the parties, the Court granted Defendant an 

extension of time to answer or otherwise respond to Plaintiffs’ First Amended Complaint to July 

31, 2009. The parties thereafter stipulated to two additional extensions of time for Defendant to 

answer or otherwise respond to Plaintiffs’ First Amended Complaint to August 31, 2009 and 

September 9, 2009, respectively. Defendant timely answered on September 9, 2009.

As a result of the documentation that Defendant submitted to Plaintiffs, Plaintiffs have 

made adjustments to the audit worksheets. Plaintiffs and Defendant are currently engaged in a 

review of the revised audit worksheets and are attempting to resolve the matter without further 

litigation. The parties have requested prior continuances of the Case Management Conference. A 

further continuance would promote judicial efficiency because the parties are very close to 

reaching a settlement and anticipate they will reach a settlement in this matter within the next 60

days. 

/ / /

/ / /

Case 3:08-cv-03292-EMC Document 38 Filed 04/13/10 Page 2 of 3
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STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

Case No. C 08-03292 EMC

WEINBERG, ROGER & 

ROSENFELD

A Professional Corporation

1001 Marina Village Parkway

Suite 200

Alameda, CA 94501-1091

(510) 337-1001

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Based on the above, Plaintiffs and Defendant respectfully request that the initial case 

management conference scheduled for April 28, 2010 be continued for 60 days, in order to allow 

the parties time to attempt to resolve the matter without further litigation. 

Dated: April 9, 2010

WEINBERG, ROGER & ROSENFELD

A Professional Corporation

By: /s/ 

KRISTINA M. ZINNEN

Attorneys for Plaintiffs 

Dated: April 9, 2010

SEYFARTH SHAW LLP

By: /s/ 

ARI HERSHER

Attorneys for Defendant 

[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Based upon the foregoing Stipulated Request to Continue Case Management Conference, 

the Court orders the continuance of the case management conference for 60 days, or as soon 

thereafter as a court date is available. In addition, the Court Orders:

Dated: 

The Honorable Edward M. Chen

United States District Court Judge

115853/567433

Case 3:08-cv-03292-EMC Document 38 Filed 04/13/10 Page 3 of 3