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Operating Engineers' Pension Trust Fund; F.G. Crosthwaite and v. Western Power & Equipment Corp.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


May 3, 2011

OPERATING ENGINEERS' PENSION TRUST FUND; F.G. CROSTHWAITE AND
RUSSELL E. BURNS, AS TRUSTEES,
PLAINTIFFS,
v.
WESTERN POWER & EQUIPMENT CORP., AN OREGON CORPORATION; AND WESTERN POWER & EQUIPMENT
CORP., A DELAWARE CORPORATION; ARIZONA PACIFIC MATERIALS II, LLC, AN ARIZONA LIMITED LIABILITY COMPANY;
CHARLES DEAN MCLAIN, AS AN INDIVIDUAL; ROBERT RUBIN, AS AN INDIVIDUAL; RUBIN FAMILY IRREVOCABLE STOCK TRUST; CASE
DEALER HOLDING COMPANY, LLC
(F/K/A CNH DEALER HOLDING COMPANY, LLC), A DELAWARE LIMITED
LIABILITY COMPANY; CNH AMERICA, LLC, A
DELAWARE LIMITED LIABILITY COMPANY; AND DOES 1-20,
DEFENDANTS.

The opinion of the court was delivered by: Phyllis J. Hamilton United States District Court Judge

JOINT STIPULATION AND [PROPOSED ORDER] TO EXTEND TIME FOR ARIZONA PACIFIC MATERIALS II, LLC TO RESPOND TO SECOND AMENDED COMPLAINT

Trial Date: None

Pursuant to Rule 6(b), FED. R. CIV. P., and Civil L.R. 6.1, Plaintiffs Operating 2 Engineers' Pension Trust Fund, F.G. Croswaite and Russell E. Burns ("Plaintiffs") and 3 Defendant Arizona Pacific Materials II, LLC ("APM II"), by through undersigned counsel, 4 hereby stipulate as follows: 5

1. The instant action is a complex action arising under the Employee Retirement Income Security Act of 1974, as amended, ("ERISA"), 29 U.S.C. § 1001 et 7 seq. Plaintiffs have named nine Defendants, and are seeking, among other things, money 8 damages, liquidated damages, injunctive relief and attorneys' fees and costs. 9

2. Pursuant to the Court's February 16, 2011 Minute Order, the Second Amended Complaint was filed on March 16, 2011. APM II's response was originally due 11 on April 6, 2011. Pursuant to stipulation, this Court granted an extension to respond to the 12 complaint to May 6, 2011. 13

3. Since that time, Plaintiffs and APM II have been exploring and continue to 14 explore resolution of this matter. Accordingly, the Parties request a further extension of 15 time up through and including May 26, 2011, for APM II to respond to the Second 16 Amended Complaint. 17

4. The Parties believe that a further extension of the deadline to respond to the 18 Second Amended Complaint under the circumstances here promotes the interest of judicial 19 economy, fairness, and will help effectuate a just, speedy and inexpensive determination of 20 this action. See FED. R. CIV. P. 1. 21

5. The requested extension will not materially delay the disposition of this 22 action, as the Second Amended Complaint was recently filed with the Court on March 16, 23 2011 and the initial Case Management Conference has been reset for June 2, 2011. 24

6. Therefore, the Parties hereby stipulate that APM II shall have until Thursday, 25 May 26, 2011 to respond to the Second Amended Complaint. 26 27 28

Dated: May 2, 2011 2 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By /s/ M. Michael Cole ROBERT FRIEDMAN (Pro Hac App. Pending) DIANNE B. SMITH M. MICHAEL COLE Attorneys for Defendant ARIZONA PACIFIC MATERIALS II, LLC Dated: May 2, 2011 10 SALTZMAN & JOHNSON LAW CORPORATION By /s/ Shaaminni A. Babu SHAAMINI BABU Attorneys for Plaintiffs

PURSUANT TO STIPULATION, IT IS ORDERED that APM II shall have until Thursday, May 26, 2011 to respond to Plaintiffs' Second Amended Complaint.

20110503

© 1992-2011 VersusLaw Inc.



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