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Pension Plan for Pension Trust Fund for Operating Engineers v. Thomes Creek Logging, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Mar 25, 2013
C 12-5266 DMR (N.D. Cal. Mar. 25, 2013)

Opinion

          RICHARD C. JOHNSON, (SBN 40881) SHAAMINI A. BABU, (SBN 230704) JULIE A. RICHARDSON, (SBN 215202) SALTZMAN & JOHNSON LAW CORPORATION, San Francisco, CA. Attorneys for Plaintiffs

          SUMMER YOUNG-AGRIESTI, (SBN 232883) KLATTE. BUDENSIEK & YOUNG-AGRIESTI, LLP, Newport Beach, CA. syoung@kbylaw.com Attorneys for Defendants


          JOINT CASE MANAGEMENT STATEMENT; JOINT REQUEST TO CONTINUE CMC; AND ORDER

          DONNA M. RYU, Magistrate Judge.

         Pursuant to this Court's order entered December 27, 2012 (Dkt. 11), Rule 6(b) and 26(f) of the Federal Rules of Civil Procedure, Northern District of California Local Rule 6.1(b) and 16-9, and the Standing Order for All Judges of the Northern District of California, Plaintiffs Pension Plan for Pension Trust Fund for Operating Engineers, et al. ("Plaintiffs"), and Defendants Thomes Creek Logging, Inc., and David Slagle ("Defendants") by and through the undersigned counsel, hereby supplement the Joint Case Management Conference Statement filed on February 1, 2013 (Dkt. 18) as follows:

         1. The parties entered into a Confidentiality Agreement on February 6, 2013.

         2. On several occasions (i.e. February 7, 2013, March 13, 2013, March 14, 2013, and March 16, 2013), Defendants produced several documents to facilitate a settlement.

         3. The parties have exchanged monetary offers and are still engaged in settlement negotiations. The parties would like sufficient opportunity to continue to explore settlement options and exchange documents as necessary.

         4. If this matter does not settle the parties are agreeable to participating in mediation on one of the following dates: May 13, 2013, or during the week of May 27, 2013, through May 31, 2013. (Dkt. 19).

         5. There are no issues that need to be addressed at the currently scheduled Case Management Conference Wednesday April 10, 2013.

         6. Based on the foregoing, the parties respectfully request that the Case Management Conference be continued to Wednesday June 12, 2013, to allow time for the parties to exchange documents and continue settlement negotiations as well as to schedule and participate in mediation, if necessary. The continuance will conserve costs as well as the Court's time and resources.

         7. In a further attempt to conserve costs and because Defendants' counsel is located in Southern California, counsel for both parties request permission to appear telephonically at the next Case Management Conference.

          ORDER

         Based on the foregoing Stipulation of the parties, the Case Management Conference is hereby continued to June 12, 2013, at 1:30 pm. Counsel for both parties may appear telephonically at said conference. The parties shall file a Joint Case Management Statement by June 5, 2013. Both parties must follow the protocol set forth in the attached Notice re: Telephonic Appearance Procedures for Magistrate Judge Donna M. Ryu.

         IT IS SO ORDERED.


Summaries of

Pension Plan for Pension Trust Fund for Operating Engineers v. Thomes Creek Logging, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Mar 25, 2013
C 12-5266 DMR (N.D. Cal. Mar. 25, 2013)
Case details for

Pension Plan for Pension Trust Fund for Operating Engineers v. Thomes Creek Logging, Inc.

Case Details

Full title:PENSION PLAN FOR PENSION TRUST FUND FOR OPERATING ENGINEERS; F.G…

Court:United States District Court, Ninth Circuit, California, N.D. California

Date published: Mar 25, 2013

Citations

C 12-5266 DMR (N.D. Cal. Mar. 25, 2013)