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Board of Trustees of Sheet Metal Workers Local 104 Health Care Plan v. Bay Area Balancing and Cleanrooms, Inc., 3:14-cv-01739-HSG. (2015)

Court: District Court, N.D. California Number: infdco20150422929
Filed: Apr. 21, 2015
Latest Update: Apr. 21, 2015
Summary: STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COUNTERCLAIM AND REQUESTING COURT TO VACATE MEDIATION DEADLINE; ORDER HAYWOOD S. GILLIAM, Jr. , District Judge . WHEREAS on February 4, 2015, the Court set a deadline of May 5, 2015 for the parties to engage in mediation in this action (Dkt. 29); WHEREAS the case was reassigned to this Court on February 13, 2015, and a Case Management Conference was scheduled for May 19, 2015 (Dkt. 39); WHEREAS Defendant Bay Area Balancing & Cleanroom, Inc.
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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COUNTERCLAIM AND REQUESTING COURT TO VACATE MEDIATION DEADLINE; ORDER

WHEREAS on February 4, 2015, the Court set a deadline of May 5, 2015 for the parties to engage in mediation in this action (Dkt. 29);

WHEREAS the case was reassigned to this Court on February 13, 2015, and a Case Management Conference was scheduled for May 19, 2015 (Dkt. 39);

WHEREAS Defendant Bay Area Balancing & Cleanroom, Inc. ("Defendant") substituted counsel in this action, effective April 1, 2015 (Dkt. 42);

WHEREAS Defendant filed a counterclaim against Plaintiff Sheet Metal Workers' International Association, Local Union No. 104 ("Local 104") on April 1, 2015 (Dkt. 43);

WHEREAS under Fed. R. Civ. P. 12(a)(1)(B), Local 104's answer or other responsive pleading to the Counterclaim would be due on April 22, 2015;

WHEREAS Plaintiff/Counterclaim Defendant Local 104 has substituted counsel in this action, effective April 15, 2015 (Dkt. 44);

WHEREAS in light of these significant changes in the case since it was ordered to mediation, the parties believe it would not be productive to proceed to mediation at this time;

The parties hereby stipulate as follows:

1. The deadline for Local 104 to file an answer or other responsive pleading to the Counterclaim is extended to May 13, 2015.

2. The parties jointly ask the Court to vacate the May 5, 2015 deadline for engaging in mediation.

3. The parties will address the issue of mediation in the Case Management Conference scheduled for May 19, 2015 and in their joint Case Management Conference statement. ALTSHULER BERZON LLP

ORDER

IT IS SO ORDERED.

Source:  Leagle

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