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Service Employees International Union National Industry Pension v. U.S. Metro Group

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


September 24, 2012

SERVICE EMPLOYEES INTERNATIONAL UNION NATIONAL INDUSTRY PENSION
FUND; STEPHEN ABRECHT, TRUSTEE; RODERICK S. BASHIR, TRUSTEE; KEVIN J. JOINT REQUEST TO EXTEND DOYLE, TRUSTEE; DAVID A. STILWELL,
TRUSTEE; STEVEN W. FORD, TRUSTEE; LARRY T. SMITH, TRUSTEE; FRANK A. MAXSON, TRUSTEE; EDWARD MANKO, TRUSTEE; JOHN J. SHERIDAN, TRUSTEE; AND MYRIAM ESCAMILLA, TRUSTEE,
PLAINTIFFS,
v.
U.S. METRO GROUP, INC., A CALIFORNIA 18 CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Maria-elena James United States Magistrate Judge

PHILIP M. MILLER (SBN 87877) 2 KIMBERLY A. HANCOCK (SBN 205567) SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 Telephone: (415) 882-7900 4 Facsimile: (415) 882-9287 pmiller@sjlawcorp.com 5 khancock@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8

DEADLINE FOR MEDIATION; [PROPOSED] ORDER

On April 30, 2012, Plaintiffs and Defendants filed a Stipulation and [Proposed] Order Selecting Mediation. (Dkt. No. 15). Thereafter, Magistrate Judge Maria-Elena James issued an 22 order on April 30, 2012, requiring the mediation to be completed by July 29, 2012. Docket No. 23

16. On May 22, 2012, the court designated R. Bradford Huss as the Mediator. (Dkt. No. 19).

On June 25, 2012, Plaintiffs and Defendants filed a Stipulation and [Proposed] Order, 25 requesting that the mediation completion date be extended to September 27, 2012, (Dkt. No. 20). 26

On June 25, 2012, the court granted the order extending the mediation completion date to 27 September 27, 2012. (Dkt. No 21). 28

Good cause exists for the current mediation deadline to be extended. Plaintiffs initiated 2 this action to collect unpaid collectively bargained contributions, interest, and liquidated damages 3 owed by the Defendants. 4

The parties have diligently been conducting audits of five sites at issue.

The audit has been completed as to three of the five sites. However, two sites are still in 6 the audit process. 7

In addition, the plaintiffs have recently discovered a sixth site for which an audit is 8 required that was previously unknown to plaintiffs. 9

By gross summary, the parties do not have final audit numbers from the plaintiffs for 10 consideration and review by the defendant. The parties anticipate having "final" audit numbers 11 within the next thirty to forty-five days. 12

Mediator R. Bradford Huss has agreed to such extension. The parties and the mediator 13 have exchanged proposed mediation dates in November. 14

Accordingly, the parties respectfully request that the Court extend the deadline to complete 15 the mediation an additional 60 days until November 30, 2012.

IT IS SO ORDERED.

Based on the foregoing, and good cause appearing, the parties shall complete the mediation 3 by November 30, 2012.

Date:

20120924

© 1992-2012 VersusLaw Inc.



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