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Board of Trustees v. Titan Dvbe Inc.

United States District Court, Ninth Circuit

August 16, 2013

THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiff,
v.
TITAN DVBE INCORPORATED, a California Corporation, Defendant.

DANIEL S. BROME, WEINBERG, ROGER & ROSENFELD A Professional Corporation, Attorneys for Plaintiffs.

DEBRA HINSHAW VIERRA, COOK BROWN LLP, Attorneys for Defendant.

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

DONNA M. RYU, Magistrate Judge.

Pursuant to Civil Local Rules 7-12 and 16-2, Plaintiffs THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS VACATION-HOLIDAY TRUST FUND FOR NORTHERN CALIFORNIA; LABORERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA; and LABORERS TRAINING AND RETRAINING TRUST FUND FOR NORTHERN CALIFORNIA (hereinafter "Plaintiffs"), by and through the undersigned counsel, and Defendant TITAN DVBE, INC., a California Corporation (hereinafter "Defendant"), by and through the undersigned counsel, hereby respectfully request that the Case Management Conference currently scheduled for August 21, 2013 at 1:30pm be continued for ninety days.

The parties are involved in ongoing settlement negotiations regarding the results of the payroll audit of Defendant's books and records. The parties are continuing to exchange information and are optimistic they will be able to resolve their disputes prior to any rescheduled Case Management Conference. The negotiations and exchange of information conducted thus far have already significantly focused the issues of the case. Even if the parties are not able to resolve this matter fully, having this meeting will significantly narrow what facts and claims are in dispute. Accordingly, the parties respectfully request that the August 21, 2013 Case Management Conference be continued for ninety days.

[PROPOSED] ORDER

Based upon the foregoing Stipulation to Continue Case Management Conference, the Court orders the continuance of the August 21, 2013 Case Management Conference for ninety (90) days, or as soon thereafter as a court date is available. In addition, the Court Orders: to Nov. 20, 2013 at 1:30 p.m. The Case Management Statement is due Nov. 13, 2013.


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