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: July 14, 2010

Time: 1:30 p.m.

Judge: Honorable Edward M. Chen

Courtroom: C, 15th Floor

Case 3:08-cv-03292-EMC Document 40 Filed 07/13/10 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 July 14, 2010 be continued for 90 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.

The parties are requesting a further continuance at this time since the working attorney for

Defendant is on an emergency medical leave for the next 6-8 weeks. 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 upon Defendant’s counsel return from medical

leave.

Case 3:08-cv-03292-EMC Document 40 Filed 07/13/10 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 July 14, 2010 be continued for 90 days, in order to allow the

parties time to attempt to resolve the matter without further litigation upon Defendant’s counsel

return from medical leave.

Dated: July 2, 2010

WEINBERG, ROGER & ROSENFELD

A Professional Corporation

By: /s/

KRISTINA M. ZINNEN

Attorneys for Plaintiffs

Dated: July 2, 2010

SEYFARTH SHAW LLP

By: /s/

G. DANIEL NEWLAND

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 90 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

115853/579048

Case 3:08-cv-03292-EMC Document 40 Filed 07/13/10 Page 3 of 3