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Board of Trustees v. Cal-Kirk Landscaping

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


April 13, 2010

THE BOARD OF TRUSTEES, IN THEIR CAPACITIES AS TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; AND LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA; NORTHERN CONFERENCE; CALIFORNIA DISTRICT COUNCIL OF LABORERS FOR ITSELF AND ON BEHALF OF LABORERS' LOCAL 139 PLAINTIFFS,
v.
CAL-KIRK LANDSCAPING, INC., A CALIFORNIA CORPORATION, DEFENDANT.

The opinion of the court was delivered by: The Honorable Edward M. Chen United States District Court Judge

STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT [PROPOSED] ORDER Date: April 28, 2010 Time: 1:00 p.m. Judge: Honorable Edward M. Chen Courtroom: C, 15th Floor

Pursuant to Civil Local Rules 7-12 and 16-2, Plaintiffs and Defendant hereby request that the initial Case Management Conference scheduled for April 28, 2010 be continued for 60 days.

Plaintiffs and Defendant are in the process of attempting to resolve this matter. Plaintiffs filed the original Complaint and Petition to Confirm in this action on July 9, 2008. On or around November 2008, Defendant agreed to allow Plaintiffs' auditors to audit their records to determine whether any amounts were due and owing as a result of the audit. Plaintiffs thereafter conducted an audit of Defendant's records and found a number of delinquencies owed by Defendant. On or around February 2009, Plaintiffs submitted their audit findings to Defendant to allow Defendant the opportunity to review those results and challenge any delinquencies it believed were in error. After receiving no response from Defendant, Plaintiffs filed their First Amended Complaint for Petition to Confirm Arbitration Award, Breach of Contract, Damages, and Breach of Fiduciary Duty on May 7, 2009. On or around May 15, 2009, Plaintiffs received documentation from Defendant. On or around June 3, 2009, Plaintiffs were notified that Defendant had retained legal counsel on or around May 21, 2009. On June 4, at the request of the parties, the Court granted Defendant an extension of time to answer or otherwise respond to Plaintiffs' First Amended Complaint to July 31, 2009. The parties thereafter stipulated to two additional extensions of time for Defendant to answer or otherwise respond to Plaintiffs' First Amended Complaint to August 31, 2009 and September 9, 2009, respectively. Defendant timely answered on September 9, 2009.

As a result of the documentation that Defendant submitted to Plaintiffs, Plaintiffs have made adjustments to the audit worksheets. Plaintiffs and Defendant are currently engaged in a review of the revised audit worksheets and are attempting to resolve the matter without further litigation. The parties have requested prior continuances of the Case Management Conference. A further continuance would promote judicial efficiency because the parties are very close to reaching a settlement and anticipate they will reach a settlement in this matter within the next 60 days.

Based on the above, Plaintiffs and Defendant respectfully request that the initial case management conference scheduled for April 28, 2010 be continued for 60 days, in order to allow the parties time to attempt to resolve the matter without further litigation.

Based upon the foregoing Stipulated Request to Continue Case Management Conference, the Court orders the continuance of the case management conference for 60 days, or as soon thereafter as a court date is available. In addition, the Court Orders:

20100413

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