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 firstname.lastname@example.org 5 email@example.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 ...