UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
July 8, 2010
BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL. PLAINTIFFS,
ADVANCED INTERIOR SYSTEMS, INC., A CALIFORNIA CORPORATION; AND ROBERT LEE BROWN, AN INDIVIDUAL, DEFENDANTS.
The opinion of the court was delivered by: Judge: The Honorable Maxine M. Chesney
ORDER RE: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; OR ALTERNATIVELY, JOINT REQUEST TO APPEAR BY TELEPHONE
Date: July 9, 2010
The parties hereby submit a Stipulation to Continue the Case Management Conference, currently scheduled for July 9, 2010 at 10:30 a.m.
1. As the Court's records will reflect, this action was filed on March 29, 2010, to compel Defendants' provision of certain documents for examination by ERISA Plaintiffs necessary to complete an audit of Defendants' records for the period of January 1, 2006 through the date of audit, pursuant to the terms of the Collective Bargaining Agreement and the governing documents of the ERISA Plaintiffs.
2. Service on Defendants was effectuated on April 1, 2010, and a Proof of Service of Summons was filed with the Court on April 19, 2010.
3. Defendants' Answer to the Complaint was filed on April 14, 2010.
4. The parties have agreed to mediation of this matter in the event that it is not resolved informally.
5. However, Defendant has now agreed to do certain calculations needed to provide the documents necessary to complete Plaintiffs' audit. It is anticipated that those documents will be completed within 45 days, and forwarded to Plaintiffs' auditor for review.
6. Accordingly, the parties hereto respectfully request that the Case Management Conference, currently scheduled for July 9, 2010, be continued for approximately 60 days to allow Defendants to provide Plaintiffs with their calculations; for the auditor to review and analyze those results; for an audit report to be issued and reviewed by Defendants; and for any necessary discussion between the parties to ensue, including payment of amounts found due, if any, and to arrange a payment plan if necessary. If the matter is thereby resolved, Plaintiffs will dismiss this action; if not, Plaintiffs will take further appropriate action, to be determined upon any dispute that is not otherwise resolved.
7. There are no issues that need to be addressed by the parties at the currently scheduled Case Management Conference. In the interest of conserving costs as well as the Court's time and resources, the parties jointly request that the Court continue to currently scheduled Case Management Conference by approximately 60 days. In the event that it is not continued, the parties respectfully request that they both be permitted to appear by telephone to keep fees and costs at a minimum.
Date: June 29, 2010
SALTZMAN & JOHNSON LAW CORPORATION Muriel B. Kaplan Attorneys for Plaintiffs
LAW OFFICE OF C. PATRICK STOLL Carl Patrick Stoll Attorneys for Defendant
The Case Management Conference currently scheduled for July 9, 2010 is hereby to _____________________________.
continued A Joint Case Management Conference September 10, 2010 Statement shall be filed one week prior to the new date.
The Case Management Conference currently scheduled for July 9, 2010 remains on calendar as set. Both parties are permitted to appear by telephone.
Vaughn R Walker for
THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT COURT JUDGE
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