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District Council 16 Northern California Health and Welfare Trust Fund v. RBE Construction Inc., 4:17-cv-03327-HSG. (2019)

Court: District Court, N.D. California Number: infdco20190212800 Visitors: 11
Filed: Feb. 11, 2019
Latest Update: Feb. 11, 2019
Summary: JOINT REQUEST TO EXTEND MEDIATION COMPLETION DEADLINE TO MARCH 18, 2019; ORDER HAYWOOD S. GILLIAM, JR. , District Judge . Plaintiffs and Defendant RBE Construction, Inc. dba Slingshot Drywall, by and through their respective counsel of record, hereby respectfully request to extend the deadline to hold the mediation session to March 18, 2019. Good cause exists for the continuance, as follows: 1. On October 26, 2017, the Court ordered the Parties to participate in mediation within the presum
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JOINT REQUEST TO EXTEND MEDIATION COMPLETION DEADLINE TO MARCH 18, 2019; ORDER

Plaintiffs and Defendant RBE Construction, Inc. dba Slingshot Drywall, by and through their respective counsel of record, hereby respectfully request to extend the deadline to hold the mediation session to March 18, 2019. Good cause exists for the continuance, as follows:

1. On October 26, 2017, the Court ordered the Parties to participate in mediation within the presumptive deadline of ninety days, (Dkt. No. 24), as stipulated. The deadline for the Parties to participate in mediation was January 24, 2018.

2. On November 13, 2017, the Court issued a Notice of Appointment of Mediator James H. Fleming (Dkt. No. 25).

3. The Parties participated in a pre-mediation phone conference on November 29, 2017 with Mr. Fleming, and scheduled a mediation session for January 22, 2018.

4. In late December 2017, Defendant provided documents necessary to complete the pending audit to Plaintiffs' auditor, Lindquist, LLP ("Lindquist").

5. Lindquist initially advised Plaintiffs' counsel that a draft audit report would be completed in early February.

6. On January 28, 2018, the Parties submitted a joint request to extend the mediation completion deadline by 60 days. The Court granted that request and extended the mediation completion deadline to March 23, 2018 (Dkt. No. 29).

7. Plaintiffs' auditor Lindquist was unable to complete the draft audit in the timeframe initially estimated due to the number of documents reflecting work performed over a period of two years. The draft audit was not completed until March 7, 2018. On March 12, 2018, the Court granted a request to extend the mediation completion deadline to June 10, 2018 (Dkt. No. 31). Defendant requested additional time to submit its dispute of the audit report. The Court has subsequently granted further extensions (Dkt. No. 34, Dkt. No. 37, Dkt. No. 39, and Dkt. No. 44) through January 18, 2019.

8. On November 16, 2918, the appointment of James Fleming as mediator was vacated (Dkt. No. 42). Julia Campins was appointed mediator in this matter on December 4, 2018 (Dkt. No. 46).

9. A Status Conference was held before the Court on February 5, 2019 regarding the fact that mediation had not been completed by January 18, 2019. As required by the Court's Minute Order dated February 5, 2019 [Dkt. 49.] the Parties have confirmed that mediation will be held on March 18, 2019. Counsel have confirmed with their respective clients and the mediator that this date is acceptable.

10. Therefore, the Parties respectfully request that the mediation deadline be extended to March 18, 2019, the date of the confirmed mediation session.

CERTIFICATION RE: SIGNATURES

I attest that concurrence in the filing has been obtained from the other Signatory.

Dated: February 8, 2019. By: /S/ Matthew P. Minser

IT IS SO ORDERED.

The Court hereby extends the mediation completion deadline in this matter to March 18, 2019.

Source:  Leagle

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