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Operating Engineers' Pension Trust Fund v. Fife Rock Products Co.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


August 30, 2010

OPERATING ENGINEERS' PENSION TRUST FUND; ET AL., PLAINTIFFS,
v.
FIFE ROCK PRODUCTS COMPANY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Susan Illston United States District Court

JOINT CASE MANAGEMENT STATEMENT; AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

1. On July 22, 2010, the parties participated in Early Neutral Evaluation (ENE) pursuant to this Court's Order dated May 13, 2010 (Document 21) with Steve Schrey who was appointed as the Evaluator by the Court on May 21, 2010 (Document 24).

2. As stated in the Evaluator's Certification of Session (Document 30), the parties continued to engage in further facilitated discussions following the ENE session.

3. The parties have agreed to participate in a mediation session on September 29, 2010, in an attempt to settle this matter. Steve Schrey will serve as the mediator.

4. There are no issues that need to be addressed by the Court at the Case Management Conference currently calendared for September 3, 2010 (Docket 25). In the interest of minimizing attorneys' fees and costs as well as preserving the Court's resources, the parties respectfully request that the Court continue the Case Management Conference to November 5, 2010, to provide the parties with sufficient opportunity to participate in the mediation and any subsequent settlement discussions as necessary.

DATED: August 24, 2010

LITTLER MENDELSON, P.C. ROBERT G. HULTENG VINCENT J. MERSICH Attorney for Defendants FIFE ROCK PRODUCTS, et al.

DATED: August 24, 2010

SALTZMAN & JOHNSON LAW CORPORATION SHAAMINI A. BABU Attorney for Plaintiffs OPERATING ENGINEERS' PENSION TRUST FUND, et al.

IT IS SO ORDERED.

Based on the foregoing, the Case Management Conference is hereby continued to November 5, 2010, at 2:30 p.m. All related deadlines are extended accordingly.

20100830

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