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Operating Engineers' Health and Welfare Trust Fund v. Central Valley Construction, 17-cv-02365-KAW. (2018)

Court: District Court, N.D. California Number: infdco20180215a57 Visitors: 4
Filed: Feb. 14, 2018
Latest Update: Feb. 14, 2018
Summary: STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON KANDIS A. WESTMORE , Magistrate Judge . The parties in the above-titled action hereby stipulate and respectfully request that the mediation deadline, currently scheduled for February 9, 2018, be continued for approximately ninety to one-hundred and twenty (90-120) days. Good cause exists for the granting of a continuance, as follows: 1. As the Court's records will reflect, on July 12, 2017, the parties in this matte
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STIPULATION TO CONTINUE MEDIATION DEADLINE; [PROPOSED] ORDER THEREON

The parties in the above-titled action hereby stipulate and respectfully request that the mediation deadline, currently scheduled for February 9, 2018, be continued for approximately ninety to one-hundred and twenty (90-120) days. Good cause exists for the granting of a continuance, as follows:

1. As the Court's records will reflect, on July 12, 2017, the parties in this matter filed a Stipulation agreeing to participate in mediation (Dkt. #13).

2. On July 17, 2017, the Court issued an Order ("Order") referring this matter to mediation (Dkt. #14). Pursuant to the Order, the deadline for the parties to complete mediation was October 11, 2017.

3. On August 15, 2017, the Court issued a Notice appointing Geoffrey White as mediator (Dkt. #17).

4. On August 28, 2017, the parties participated in a pre-mediation conference call with Mr. White whereby the participants concluded that a mediation date would be set after the parties had a further opportunity to meet and confer.

5. The parties' efforts were successful as Defendant has contacted Plaintiffs' auditors and scheduled an audit appointment for October 26, 2017.

6. The employer thereafter complied by having the audit appointment and providing the auditors with documentation necessary to conduct the audit.

7. The parties have been in continued communication in an effort to obtain the additional documents necessary to complete the audit. However to date, the additional documents remain outstanding and the parties are meeting and conferring regarding their production. Compliance by Defendants is anticipated. Upon receipt of said documents, the auditors will require additional time to review the information and incorporate it into their audit report.

8. Accordingly, there is nothing to mediate at the current time and the parties therefore request an extension of the mediation deadline to resolve this matter. Upon completion of the audit, the parties anticipate utilizing Mr. White's services as a mediator.

9. Therefore, the parties hereby stipulate and respectfully request that the mediation deadline, currently set for February 9, 2018, be continued for approximately ninety to one-hundred and twenty (90 to 120) days to allow the audit to go forward and be completed prior to mediating the case.

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set mediation deadline is hereby continued to 6/14/18, and all related deadlines are extended accordingly.

ATTESTATION CERTIFICATE

In accord with the Northern District of California's Civil Local Rule 5-1, I attest that concurrence in the filing of this document has been obtained from each of the other signatories who are listed on the signature page.

Dated: February 9, 2018 By: __________________________________________________ George R. Nemiroff, Esq. Attorneys for Plaintiffs
Source:  Leagle

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