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Pension Plan For Pension Trust Fund For v. Thomes Creek Logging

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


March 25, 2013

PENSION PLAN FOR PENSION TRUST FUND FOR OPERATING ENGINEERS; F.G. CROSTHWAITE AND RUSSELL E. BURNS, AS TRUSTEES,
PLAINTIFFS,
v.
THOMES CREEK LOGGING, INC., A CALIFORNIA CORPORATION;
DAVID SLAGLE, AN INDIVIDUAL; AND DOES 1-20, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Judge Donna M. Ryu United States Magistrate Judge

JOINT CASE MANAGEMENT STATEMENT; JOINT REQUEST TO CONTINUE CMC; AND ORDER Complaint Filed: 10/11/12 19CMC: 4/10/13

Judge: Honorable Donna M. Ryu 20

Pursuant to this Court's order entered December 27, 2012 (Dkt. 11), Rule 6(b) and 26(f) of 24 the Federal Rules of Civil Procedure, Northern District of California Local Rule 6.1(b) and 16-9, 25 and the Standing Order for All Judges of the Northern District of California, Plaintiffs Pension 26 Plan for Pension Trust Fund for Operating Engineers, et al. ("Plaintiffs"), and Defendants Thomes 27 Creek Logging, Inc., and David Slagle ("Defendants") by and through the undersigned counsel, hereby supplement the Joint Case Management Conference Statement filed on February 1, 2013 2 (Dkt. 18) as follows:

1. The parties entered into a Confidentiality Agreement on February 6, 2013. 2. On several occasions (i.e. February 7, 2013, March 13, 2013, March 14, 2013, and March 16, 2013), Defendants produced several documents to facilitate a settlement. 6 3. The parties have exchanged monetary offers and are still engaged in settlement 7 negotiations. The parties would like sufficient opportunity to continue to explore settlement 8 options and exchange documents as necessary. 9 10 on one of the following dates: May 13, 2013, or during the week of May 27, 2013, through May 11 4. If this matter does not settle the parties are agreeable to participating in mediation 31, 2013. (Dkt. 19).

5. There are no issues that need to be addressed at the currently scheduled Case Management Conference Wednesday April 10, 2013. 14 6. Based on the foregoing, the parties respectfully request that the Case Management Conference be continued to Wednesday June 12, 2013, to allow time for the parties to exchange 16 documents and continue settlement negotiations as well as to schedule and participate in 17 mediation, if necessary. The continuance will conserve costs as well as the Court's time and 18 resources.

7. In a further attempt to conserve costs and because Defendants' counsel is located in Southern California, counsel for both parties request permission to appear telephonically at the 21 next Case Management Conference. 22 23

Dated: March 21, 2013 SALTZMAN & JOHNSON LAW CORPORATION 24 By: _________//S//__________________________ Shaamini A. Babu Counsel for Plaintiffs Dated: March 21, 2013 KLATTE, BUDENSIEK & YOUNG-AGRIESTI, LLP 2 3 By: __________//S//___________________________ Summer Young-Agriesti 4 Counsel for Defendants

ORDER

Based on the foregoing Stipulation of the parties, the Case Management Conference is hereby continued to June 12, 2013, at 1:30 pm. Counsel for both parties may appear 10 telephonically at said conference. The parties shall file a Joint Case Management Statement by 11 June 5, 2013. Both parties must follow the protocol set forth in the attached Notice re: Telephonic Appearance Procedures for Magistrate Judge Donna M. Ryu. 12

IT IS SO ORDERED.

20130325

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