P:\CLIENTS\FLRCL\M B Flooring\Pleadings\Joint Request to Continue Deadline 031810.DOC

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Muriel B. Kaplan, Esq. (SBN 124607) 

Michele R. Stafford, Esq. (SBN 172509) 

SALTZMAN & JOHNSON LAW CORPORATION 

44 Montgomery Street, Suite 2110 

San Francisco, CA 94104 

(415) 882-7900 

(415) 882-9287 – Facsimile 

mkaplan@sjlawcorp.com

mstafford@sjlawcorp.com 

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

DISTRICT COUNCIL 16 NORTHERN 

CALIFORNIA HEALTH AND WELFARE 

TRUST FUND, its JOINT BOARD OF 

TRUSTEES, and DOUG CHRISTOPHER as 

Trustee; et.al. 

 Plaintiffs, 

 v. 

M B FLOORING, INC., a California 

Corporation,

 Defendant. 

Case No.: C09-2241 SI 

JOINT REQUEST TO EXTEND 

MEDIATION DEADLINE AND 

CONTINUE CASE MANAGEMENT 

CONFERENCE 

Date: March 26, 2010 

Time: 2:30 p.m. 

Location: Ctrm. 10, 19th Floor 

Judge: The Honorable Susan Illston 

The parties to the above-entitled action jointly request that the deadline for mediation be 

extended and the Case Management Conference be continued for the following reasons: 

1. Mediation: This matter concerns an audit of Defendant’s records, with an

audit end date of October 31, 2008. The parties had exchanged documents and mediation 

statements, and a mediation was scheduled for March 16, 2010. The day prior to the mediation, 

Plaintiffs’ counsel was advised that the Defendant had recently been audited a second time, for the 

period subsequent to the audit that was to be addressed at the mediation. Counsel for both parties 

conferred and found that neither one of them had been advised of the second audit. 

Case 3:09-cv-02241-SI Document 28 Filed 03/22/10 Page 1 of 2
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Plaintiffs’ auditors are in the process of completing the audit report for the second audit, so a total 

has not been prepared. It is estimated to be significant. 

 Counsel for both parties agreed that a “global” resolution is preferred by both parties, and 

therefore contacted the mediator to take the mediation off calendar. The mediator agreed and 

asked that the parties contact him to set a new mediation date. Both parties agree that at least 90 

days will be needed to get the draft audit report, review it, discuss the results and exchange 

documents, and prepare updated mediation statements. The parties intend to set a new mediation 

date for approximately 120 days out, and therefore request that the mediation deadline be extended 

accordingly. 

 2. Case Management Conference: There is a Case Management Conference 

currently set for March 26, 2010. Based on the foregoing, there are no issues to discuss pending 

mediation. The parties therefore jointly request that the date be continued to 30 days after the new 

mediation deadline. 

Dated: March 18, 2010 SALTZMAN & JOHNSON LAW CORPORATION 

 _______/S/_____________________ 

 Michele R. Stafford 

 Attorneys for Plaintiffs 

Dated: March 18, 2010 RANDICK O’DEA AND TOOLIATOS 

 _______/S/_____________________ 

 Brian M. O’Dea 

 Attorneys for Defendant 

ORDER

 Good cause appearing, the mediation deadline is extended to _______________, 2010. 

The Case Management Conference currently set for March 26, 2010 is continued to

______________________, 2010. 

IT IS SO ORDERED. 

Date: __________________________________ 

 THE HONORABLE SUSAN ILLSTON 

 7/16/10

8/13/10 at 2:30 p.m.

Case 3:09-cv-02241-SI Document 28 Filed 03/22/10 Page 2 of 2