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Pension Trust Fund For Operating v. Hillsdale Rock Co.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


February 9, 2011

PENSION TRUST FUND FOR OPERATING
ENGINEERS; F.G. CROSTHWAITE AND RUSSELL E. BURNS, AS TRUSTEES,
PLAINTIFFS,
v.
HILLSDALE ROCK CO., INC., A CALIFORNIA
CORPORATION; HILLSDALE ROCK CO., A SOLE PROPRIETORSHIP; HANK MATOZA TRUST;
HENRY J. MATOZA, JR., AS AN INDIVIDUAL, AND DOES 1-10,
DEFENDANTS.

The opinion of the court was delivered by: Saundra Brown Armstrong United States District Judge

RICHARD C. JOHNSON (SBN 40881) SHAAMINI A. BABU (SBN 230704) SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 (415) 882-7900 (415) 882-9287 -- Facsimile djohnson@sjlawcorp.com 5 sbabu@sjlawcorp.com Attorneys for Plaintiffs

STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT; AND ORDER

Pursuant to FED. R. CIV. P. Rule 6(b) and Civ. LR 6.1, Plaintiffs Pension Trust Fund for Operating Engineers, F.G. Crosthwaite and Russell E. Burns (collectively "Plaintiffs"), and Defendants Hillsdale Rock Co. Inc. ("HRC Inc."), Hillsdale Rock Co. ("HSR"), Henry Matoza Trust ("Matoza Trust") and Henry J. Matoza, Jr. ("Matoza") hereby stipulate as follows:

1. The instant action is an action arising under the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (29 U.S.C §§1001-1461 (1982)).

2. The Defendants were served with the Summons and Complaint on December 9, 2010, and, by joint stipulation filed by the Parties on December 29, 2010, their responses were due on January 31, 2011. (Docket No. 17) defending withdrawal liability claims. As such, Defendants require another extension of time to 3 respond to the Complaint in order to have sufficient opportunity to retain counsel and file a 4 response to the Complaint by February 28, 2011. Attached hereto as Exhibit A is a letter dated January 25, 2011 from Defendant Henry Matoza's daughter.

3. The Defendants are still in the process of retaining counsel who is familiar with

4. On February 3, 2011, I spoke with James Mallon, Manager of Defendant Hillsdale Rock, Inc., who informed me that Defendants were having difficulties retaining counsel with 8 experience defending ERISA withdrawal liability claims and who did not have a conflict.

Attached hereto as Exhibit B is a handwritten list prepared by Mr. Mellon of attorneys he has 10 contacted in an attempt to retain counsel for Hillsdale Rock, Inc. which was unsuccessful. 11 under the circumstances here promotes the interest of judicial economy, fairness, and will help 13 effectuate a just speedy and inexpensive determination of this action. See FED. R. CIV. P. 1.

6. The requested extension will not modify the telephonic Case Management

Conference already calendared by the Court on April 7, 2011 (Docket No. 10), or delay the 16 disposition of this case as the Complaint was filed on December 3, 2010. However, the parties 17 respectfully request that the deadlines set prior to the Case Management Conference be modified 18 as follows:

5. The parties believe that an extension of the deadline to respond to the Complaint 3/17/11 *Last day to: (currently * meet and confer re: initial F.R.Civ.P. 26(f) & 2/23/11) disclosures, early settlement, ADR ADR process selection, and discovery L.R.3-5 plan

* file ADR Certification signed by Civil L.R. 16-8 (b) & Parties and Counsel ADR L.R. 3-5(b)

* file either Stipulation to ADR Civil L.R. 16-8 (c) & Process or Notice of Need for ADR ADR L.R. 3-5(b) & Phone Conference (c)

3/31/11 Last day to file Rule 26(f) Report, F.R.Civ.P. 26(a) (1) (currently complete initial disclosures or state Civil L.R . 16-9 3/9/11) objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents of Joint Case Management Statement

Therefore, the Parties hereby stipulate that the Defendants shall have until Monday, February 28, 2011, to respond to the Complaint. 8

ORDER

Based on the foregoing Stipulation of the parties, IT IS HEREBY ORDERED that

Defendants have until February 28, 2011 to file a response to the Complaint. The Case 5 Management Conference shall remain on calendar for April 7, 2011. The deadlines preceding 6 the Case Management Conference shall be modified as follows: 7

3/17/11 *Last day to:

* meet and confer re: initial F.R.Civ.P. 26(f) & disclosures, early settlement, ADR ADR process selection, and discovery L.R.3-5 plan

* file ADR Certification signed by Civil L.R. 16-8 (b) & Parties and Counsel ADR L.R. 3-5(b)

* file either Stipulation to ADR Civil L.R. 16-8 (c) & Process or Notice of Need for ADR ADR L.R. 3-5(b) & Phone Conference (c)

3/31/11 Last day to file Rule 26(f) Report, F.R.Civ.P. 26(a) (1) complete initial disclosures or state Civil L.R . 16-9 objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents of Joint Case Management Statement

IT IS SO ORDERED.

20110209

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