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Cal. Serv. Emps. Health & Welfare Trust Fund v. Paramount Bldg. Solutions, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mar 29, 2013
CASE NO.: C 12 5232 WHA (N.D. Cal. Mar. 29, 2013)

Opinion

CASE NO.: C 12 5232 WHA

03-29-2013

CALIFORNIA SERVICE EMPLOYEES HEALTH & WELFARE TRUST FUND, MIKE GARCIA, Trustee, CHARLES GILCHRIST, Trustee, DAVID STILWELL, Trustee, RAYMOND C. NANN, Trustee, and LARRY T. SMITH, Trustee, Plaintiffs, v. PARAMOUNT BUILDING SOLUTIONS, LLC, aka JANITORIAL MANAGEMENT SERVICES/JMS, a Delaware limited liability company; JMS BUILDING SOLUTIONS, LLC, a Delaware limited liability company; and DCSS INVESTMENTS, INC., a California corporation, fka PACIFIC MAINTENANCE SERVICES, INC., aka PACIFIC BUILDING MAINTENANCE, INC., Defendants.

PHILIP M. MILLER (SBN 87877) KIMBERLY A. HANCOCK (SBN 205567) SALTZMAN & JOHNSON LAW CORPORATION Anne M. Bevington Attorneys for Plaintiffs SIDLEY AUSTIN LLP Jonathan M. Brenner Attorneys for Defendants PARAMOUNT BUILDING SOLUTIONS, LLC and JMS BUILDING SOLUTIONS, LLC


PHILIP M. MILLER (SBN 87877)
ANNE M. BEVINGTON (SBN 111320)
abevington@sjlawcorp.com
KIMBERLY A. HANCOCK (SBN 205567)
SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
San Francisco, CA 94104
(415) 882-7900
(415) 882-9287-Facsimile
Attorneys for Plaintiffs

STIPULATION FOR LEAVE TO FILE

PLAINTIFFS' FIRST AMENDED

COMPLAINT;

(PROPOSED) ORDER

California Service Employees Health & Welfare Trust Fund, Mike Garcia, Charles Gilchrist, David Stilwell, Raymond C. Nann and Larry T. Smith, as Plaintiffs, and Paramount Building Solutions, LLC and JMS Building Solutions, LLC (collectively"JMS/Paramounf"), as Defendants, are all of the parties to this action, the remaining defendants having been dismissed pursuant to a settlement. The parties hereby stipulate and jointly request that the Court enter an order as follows:

1. That Plaintiffs be granted leave to file a First Amended Complaint for the purpose of removing the now-settled claim against former defendant DCSS and JMS/Paramount as successor for amounts owing by DCSS, and adding the amounts claimed against JMS/Paramount pursuant to the audit requested in the complaint and subsequently conducted;

2. That the First Amended Complaint be filed within five days after the Court enters an order approving this stipulation; and

3. That defendants have 21 days after the filing and ECF service of the First Amended Complaint within which to file their response.

4. The parties further stipulate that, should the Court deny leave to amend, defendants shall respond to the original complaint within 10 days after the Court enters an order denying leave to amend.

ATTESTATION RE SIGNATURES

I, Anne M. Bevington, declare under penalty of perjury that I have obtained concurrence in the filing of this document from Jonathan M. Brenner, attorney of record for the defendants, who agreed that the document may be filed with his electronic signature.

SALTZMAN & JOHNSON LAW CORPORATION

By: _________________

Anne M. Bevington

Attorneys for Plaintiffs

SIDLEY AUSTIN LLP

By: _________________

Jonathan M. Brenner

Attorneys for Defendants

PARAMOUNT BUILDING SOLUTIONS, LLC

and JMS BUILDING SOLUTIONS, LLC
ORDER ON FOLLOWING PAGE

ORDER

Pursuant to the above stipulation, the Court grants plaintiffs leave to file a First Amended Complaint within five days after entry of this order. Defendants shall respond to the First Amended Complaint within 21 days of filing and ECF service.

_________________

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE


Summaries of

Cal. Serv. Emps. Health & Welfare Trust Fund v. Paramount Bldg. Solutions, LLC

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Mar 29, 2013
CASE NO.: C 12 5232 WHA (N.D. Cal. Mar. 29, 2013)
Case details for

Cal. Serv. Emps. Health & Welfare Trust Fund v. Paramount Bldg. Solutions, LLC

Case Details

Full title:CALIFORNIA SERVICE EMPLOYEES HEALTH & WELFARE TRUST FUND, MIKE GARCIA…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Mar 29, 2013

Citations

CASE NO.: C 12 5232 WHA (N.D. Cal. Mar. 29, 2013)