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District Council Northern California Health and Welfare Trust Fund v. M B Flooring

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


December 7, 2009

DISTRICT COUNCIL 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.

The opinion of the court was delivered by: Judge Honorable Susan Illston

JOINT REQUEST TO EXTEND MEDIATION DEADLINE AND CONTINUE CASE MANAGEMENT CONFERENCE

Date: December 18, 2009

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: A mediator was appointed for this matter, with the initial telephone conference occurring on November 4, 2009. During the conference call, a mediation date of December 15, 2009 was set, to comply with the Court's mediation deadline. For a variety ofreasons and based on exchanges that have occurred over the past 2-3 weeks between Plaintiffs' counsel and the mediator, a new mediator has been requested. The request was made on December 3, 2009, which is two weeks before the mediation is set to occur. Plaintiffs' counsel was hopeful that the issues could be resolved, and therefore did not request a new mediator until now. Counsel for Defendant is in agreement that a new mediator is needed.

To allow sufficient time to have a new mediator appointed, set and participate in a pre- mediation conference, and schedule a new mediation date, the parties request that the deadline be 5 extended to late February -- early March, 2010. The parties have been exchanging documents and 6 7 other information, hoping to resolve the matter. Extending the deadline will also allow negotiations to continue.

2. Case Management Conference: There is a Case Management Conference currently set for December 18, 2009. 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.

Respectfully submitted,

Dated: December 3, 2009

SALTZMAN & JOHNSON LAW CORPORATION Michele R. Stafford Attorneys for Plaintiffs

RANDICK O'DEA AND TOOLIATOS Brian M. O'Dea Attorneys for Defendant

ORDER

The Case Management Conference currently set for December 18, 2009 is continued to Good cause appearing, the mediation deadline is extended to March 5 _______________, 2010.

March 26_______________, 2010.

IT IS SO ORDERED.

20091207

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