Opinion
No. C 11-03968 JSC
11-09-2011
PAUL BENSI, BART FLORENCE, JERRY KALMAR, and LYLE SETTER, in their capacities as Trustees of the STATIONARY ENGINEERS LOCAL 39 PENSION TRUST FUND; and STATIONARY ENGINEERS LOCAL 39 ANNUITY TRUST FUND Plaintiffs, v. BLOOMINGDALE'S, INC., a California Corporation, Defendant.
WEINBERG, ROGER & ROSENFELD A Professional Corporation WILLIAM A. SOKOL LINDA BALDWIN JONES EZEKIELD. CARDER Attorneys for Plaintiffs JACKSON LEWIS LLP DAVID S. BRADSHAW CARY G. PALMER Attorneys for Defendant
WILLIAM A. SOKOL, Bar No. 072740
LINDA BALDWIN JONES, Bar No. 178922
EZEKIEL D. CARDER, Bar No. 206537
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
Attorneys for Plaintiffs
JACKSON LEWIS LLP DAVID S. BRADSHAW, Bar No. 44888
CARY G. PALMER, Bar No. 186601
Attorneys for Defendant
STIPULATED REQUEST TO EXTEND
TIME FOR DEFENDANT TO FILE A
RESPONSIVE PLEADING TO
PLAINTIFFS' COMPLAINT AND TO
CONTINUE CASE MANAGEMENT
CONFERENCE AND RELATED
DEADLINES; [PROPOSED] ORDER
Pursuant to Civil Local Rules 7-12 and 16-2, Plaintiffs and Defendant hereby respectfully request that Defendant's time to file a responsive pleading to Plaintiffs' Complaint be extended for a period of 60 days, from November 10, 2011 to and including January 9, 2012, and that the Initial Case Management Conference scheduled for December 1, 2011 at 1:30 p.m, and related deadlines be continued for sixty (60) days to allow the Parties additional time to continue their discussions regarding a possible resolution of this action without the necessity of further litigation time and expense, as follows:
+-----------------------------------------------------------------------------+ ¦Current Deadline ¦New Deadline ¦Description ¦ +------------------+---------------------------+------------------------------¦ ¦ ¦ ¦Last day to: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦• meet and confer re: initial ¦ ¦ ¦ ¦disclosures, early settlement,¦ ¦ ¦ ¦ADR process selection, and ¦ ¦ ¦ ¦discovery plan ¦ ¦11.10.11 ¦01.09.12 ¦ ¦ ¦ ¦ ¦• file ADR certification ¦ ¦ ¦ ¦signed by Parties and Counsel ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦• file either Stipulation to ¦ ¦ ¦ ¦ADR Process or Notice of Need ¦ ¦ ¦ ¦for ADR Phone Conference ¦ +------------------+---------------------------+------------------------------¦ ¦ ¦ ¦Last day to: ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦• file Rule 26(f) Report ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦• complete initial disclosures¦ ¦11.24.11 ¦01.23.12 ¦or state objection in Rule 26 ¦ ¦ ¦ ¦(f) Report ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦• file Case Management ¦ ¦ ¦ ¦Statement per Standing Order ¦ ¦ ¦ ¦re Contents of Joint Case ¦ ¦ ¦ ¦Management Statement ¦ +------------------+---------------------------+------------------------------¦ ¦12.01.11 1:30 p.m.¦01.30.12 1:30 p.m. Ctrm E ¦Initial Case Management ¦ ¦Ctrm E ¦ ¦Conference ¦ +-----------------------------------------------------------------------------+
Plaintiffs and Defendant have been engaged in informal settlement discussions and are requesting a continuance of the time for Defendant to file a responsive pleading to Plaintiffs' Complaint and the Case Management Conference and related deadlines to allow the Parties additional time for the Defendant to provide Plaintiffs with the documents necessary for Plaintiffs' auditors to complete the audit sought in the Complaint. The Parties have not requested a prior continuance of the Case Management Conference and related deadlines.
The Parties expect that the requested extension of the date for the Initial Case Management Conference will have no adverse effect on the schedule for the case. No trial date or other deadlines have yet been set. The requested extensions may facilitate the resolution of the action. The continuance of the Case Management Conference would promote judicial efficiency as Defendant has agreed to provide the documents necessary for Plaintiffs' auditors to complete the audit sought in the Complaint,
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
WILLIAM A. SOKOL
LINDA BALDWIN JONES
EZEKIELD. CARDER
Attorneys for Plaintiffs
JACKSON LEWIS LLP
DAVID S. BRADSHAW
CARY G. PALMER
Attorneys for Defendant
[PROPOSED] ORDER
Based upon the foregoing Stipulated Request to Extend Time for Defendant to File a Responsive Pleading to Plaintiffs' Complaint and to Continue Case Management Conference and Related Deadlines, the Court orders an extension of time for Defendant to file a responsive pleading to Plaintiffs' Complaint and the continuance of the Initial Case Management Conference and related deadlines for sixty (60) days, as set forth above in the Stipulated Request or as soon thereafter as a court date is available, Pursuant to U.S.C. 28 Section 636, defendant shall file a consent or declination as soon as possible.
HONORABLE JACQUELINE S. CORLEY
UNITED STATES MAGISTRATE JUDGE