Electrical Industry Service Bureau, Inc., et al v. J Copello International Corp. D/b/a Copello Electric Co.

Northern District of California, cand-4:2015-cv-01946

ORDER GRANTING AS MODIFIED A {{36}} STIPULATION CHANGING TIME; AND CONTINUING SCHEDULE FOR TRIAL AND PRETRIAL MATTERS. Discovery due by 12/31/2016. Motions due by 2/28/2017. Jury Selection set for 8/2/2017 08:00 AM in Courtroom 5, 2nd Floor, Oa kland before Hon. Jeffrey S. White. Jury Trial set for 8/7/2017 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Pretrial Conference set for 7/17/2017 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Responses due by 3/14/2017. Replies due by 3/21/2017. Motion Hearing set for 5/5/2017 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 4/21/16.

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Benjamin K. Lunch, State Bar No. 246015 1 Wan Yan Ling, State Bar No. 297029 NEYHART, ANDERSON, FLYNN & GROSBOLL 2 369 Pine Street, Suite 800 San Francisco, CA 94104 3 Tel. (415) 677-9440 Fax (415) 677-9445 4 Email: blunch@neyhartlaw.com wling@neyhartlaw.com 5 Attorneys for Plaintiffs 6 Patricia Walsh, State Bar No. 121098 7 LEONIDOU & ROSIN 8 777 Cuesta Drive, Suite 200 Mountain View, CA 94040 9 Tel. (650) 691-2888 Fax (650) 691-2889 10 Email: pwalsh@alr-law.com 11 Attorneys for Defendants 12 UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 (Oakland Division) 15 16 17 ELECTRICAL INDUSTRY SERVICE Case No. 15-CV-1946-JSW BUREAU, INC., et al. 18 STIPULATED REQUEST FOR ORDER Plaintiffs, v. CHANGING TIME AND PROPOSED 19 ORDER CONTINUING SCHEDULE FOR 20 J COPELLLO INTERNATIONAL CORP. TRIAL AND PRETRIAL MATTERS d/b/a COPELLO ELECTRIC CO. AS MODIFIED 21 Defendant. 22 ______________________________________ 23 24 25 26 27 NEYHART, 28 ANDERSON, -1- FLYNN & STIPULATED REQUEST FOR ORDER CHANGING TIME AND PROPOSED ORDER GROSBOLL Case No. 15-CV-1946-JSW ATTORNEYS AT LAW Pursuant to Local Rules 6-1 and 6-2, the parties through undersigned counsel hereby 1 2 stipulate and respectfully request that the Court stay all proceedings for a period of five months 3 so that the parties may continue to engage in the settlement process. The parties declare in 4 support of this request: 5 WHEREAS, the Court issued a Civil Minute Order (Dckt. No. 32) on January 8, 2016 6 with the following deadlines: 7 Close of fact discovery July 31, 2016 8 9 Dispositive motions due September 30, 2016 10 Opposition due October 14, 2016 11 Reply due October 21, 2016 12 Hearing on dispositive motions December 2, 2016 at 9:00 AM 13 Pretrial conference February 13, 2017 at 2:00 PM 14 Trial March 6, 2017 at 8:00 AM 15 16 17 WHEREAS, as stated in the accompanying Declaration of Wan Yan Ling in support of 18 Stipulated Request for Order Changing Time, Plaintiff Trust Funds' audit process entails a 19 preliminary audit report, draft audit report, and a final audit report, with input and review by the 20 administrator, Defendant employer, and trustees; 21 WHEREAS, a preliminary audit report was provided to Defendant on March 18, 2016; 22 WHEREAS, the parties engaged unsuccessfully in Court-ordered mediation on March 24, 23 24 2016; 25 WHEREAS, Defendant desires to engage in the audit dispute process, prior to which 26 Defendant believes no meaningful settlement discussions can be had; 27 NEYHART, 28 ANDERSON, -2- FLYNN & STIPULATED REQUEST FOR ORDER CHANGING TIME AND PROPOSED ORDER GROSBOLL Case No. 15-CV-1946-JSW ATTORNEYS AT LAW WHEREAS, Defendant believes in good faith that absent a significant change in the 1 2 position of Plaintiffs with respect to the preliminary audit findings, Defendant may in the near 3 future have no alternative but to file for bankruptcy protection, and that it would benefit the 4 parties to mitigate their fees expended in this action until such filing occurs; 5 WHEREAS, based on the the foregoing facts, it would be in the interest of judicial 6 economy to enlarge time as set forth herein; 7 WHEREAS, per Local Rule 6-2(a), this stipulated request is accompanied by a declaration 8 which sets forth with particularity, the reasons for the enlargement of time; 9 10 WHEREAS the parties are hopeful of settling this case; 11 THEREFORE, pursuant to Local Rules 6-1 and 6-2, the parties though their respective 12 attorneys stipulate as follows: 13 The parties respectfully request that the Court stay all proceedings for a period of five 14 months to allow the parties time to complete the audit process, continue settlement discussions, 15 determine whether defendant will file for bankruptcy protection, and make such filing. Such a 16 17 stipulation will have the effect of moving the following deadlines: 18 Current date Proposed date 19 Close of fact discovery July 31, 2016 December 31, 2016 20 Dispositive motions due September 30, 2016 February 28, 2017 21 Opposition due October 14, 2016 March 14, 2017 22 Reply due October 21, 2016 March 21, 2017 23 24 Hearing on dispositive December 2, 2016 at 9:00 AM May 5, 2017 at 9:00 AM 25 motions 26 Pretrial conference February 13, 2017 at 2:00 PM July 17, 2017 at 2:00 PM 27 Jury Selection March 1, 2017 at 8:00 AM August 2, 2017 at 8:00 AM NEYHART, 28 ANDERSON, -3- FLYNN & STIPULATED REQUEST FOR ORDER CHANGING TIME AND PROPOSED ORDER GROSBOLL Case No. 15-CV-1946-JSW ATTORNEYS AT LAW Trial March 6, 2017 at 8:00 AM August 7, 2017 at 8:00 AM 1 2 3 IT IS SO STIPULATED AND AGREED. 4 Dated: April 13, 2016 By: /s/ Wan Yan Ling 5 WAN YAN LING Attorney for Plaintiffs 6 Neyhart, Anderson, Flynn & Grosboll 7 Dated: April 19, 2016 By: /s/ Patricia Walsh 8 PATRICIA WALSH 9 Attorney for Defendant Leonidou & Rosin 10 11 PURSUANT TO STIPULATION, IT IS SO ORDERED. The parties shall take note of the Court's modification of the proposed schedule, which provides that 12 jury selection shall take place on August 2, 2017, at 8:00 a.m., as set forth on page 3 of this order. 13 Dated: April 21, 2016 _______________________ 14 Hon. Jeffrey S. White United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 NEYHART, 28 ANDERSON, -4- FLYNN & STIPULATED REQUEST FOR ORDER CHANGING TIME AND PROPOSED ORDER GROSBOLL Case No. 15-CV-1946-JSW ATTORNEYS AT LAW