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