Opinion
RICHARD C. JOHNSON, (SBN 40881) SHAAMINI A. BABU, (SBN 230704) JULIE A. RICHARDSON, (SBN 215202) SALTZMAN & JOHNSON LAW CORPORATION, San Francisco, CA. Attorneys for Plaintiffs.
MICHAEL J. TIMPANE, (SBN 115238) SALAMIRAD MORROW P.C. San Francisco, California. Attorneys for Defendants, AM Pacific Engineering, Inc. and MV2 Energy Inc.
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER
DONNA M. RYU, District Judge.
Pursuant to this Court's order entered February 7, 2013 (Dkt. 27), Rule 6(b) and 26(f) of the Federal Rules of Civil Procedure, Northern District of California Local Rule 6.1(b) and 16-9, and the Standing Order for All Judges of the Northern District of California, Plaintiffs Pension Plan for Pension Trust Fund for Operating Engineers, et al.("Plaintiffs"), and Defendants AM Pacific Engineering, Inc. and MV2 Energy, Inc. ("Defendants") by and through the undersigned counsel, hereby supplement the Stipulation filed on February 6, 2013 (Dkt. 25) as follows:
1. Defendants AM Pacific Engineering, Inc. and MV2 Energy, Inc. have produced certain financial records to Plaintiffs. Plaintiffs have requested additional documents and information from Defendants. The parties need sufficient opportunity to review and discuss the additional the information and documents.
2. Defendants AM Pacific Engineering, Inc. and MV2 Energy, Inc. have made a settlement offer; however, given the large amount of the assessed withdrawal liability of $728,185 the parties requires sufficient time to explore all settlement options.
3. If this matter does not settle the parties are agreeable to participating in mediation on one of the following dates: during the week of May 27, 2013, through May 31, 2013, or week of June 3, 2013;, through June 7, 2013. (Dkt. 23).
4. There are no issues that need to be addressed at the currently scheduled Case Management Conference Wednesday April 10, 2013.
5. Based on the foregoing, the parties respectfully request that the Case Management Conference be continued to Wednesday June 19, 2013, to allow time for the parties to exchange documents and continue settlement negotiations as well as to schedule and participate in mediation, if necessary. The continuance will conserve costs as well as the Court's time and resources.
7. In a further attempt to conserve costs, counsel for both parties request permission to appear telephonically at the next Case Management Conference.
ORDER
IT IS SO ORDERED.
Based on the foregoing, and good cause appearing, the currently set Case Management Conference is hereby continued to Wednesday June 19, 2013, at 1:30 p.m. Counsel for both parties may appear telephonically. The parties shall file a Joint Case Management Statement by June 12, 2013. Parties must follow the protocol set forth in the attached Notice re: Telephonic Appearance Procedures for Magistrate Judge Donna M. Ryu.