Free Motion for Miscellaneous Relief - District Court of California - California

Case 3:08-cv-00433-H-BLM

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Filed 09/02/2008

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BETH A. ROSS (SBN 141337) ROBERT S. REMAR (SBN 100124) LEONARD CARDER, LLP 1188 Franklin Street, Suite 201 San Francisco, CA 94109 Telephone: 415/771-6400 Facsimile: 415/771-7010 Attorneys for Defendant INTERNATIONAL LONGSHORE AND WAREHOUSE UNION JOHN KIM (SBN 232957) HOLGUIN , GARFIELD & MARTINEZ 800 West Sixth Street, Suite 950 Los Angeles, CA 90017 Telephone: (213) 623-0170 Facsimile: (213) 623-0171 Attorneys for Defendant INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, LOCAL 29

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ABRAM RODRIGUEZ, Plaintiff, V INTERNATIONAL LONGSHORE AND WAREHOUSE UNION LOCAL 29; INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08-CV-0433-H-BLM DEFENDANTS ILWU AND LOCAL 29's REQUEST FOR CLARIFICATION AND/OR EXTENSION OF RULE 26(f) DATES AND CMC

Complaint filed: March 7, 2008

Pursuant to the court's Order Following ENE, dated August 11, 2008, defendants International Longshore and Warehouse Union (ILWU) and International Longshore and

1 DEFENDANTS ILWU & ILWU29'S REQUEST FOR CLARIFICATION AND/OR EXTENSION OF RULE 26(f) DATES AND CMC

Case 3:08-cv-00433-H-BLM

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Warehouse Union, Local 29 (Local 29), through respective counsel, hereby submit the following: Defendants ILWU and Local 29 believe that there is confusion between the Order and the discussion with the court at the telephonic ENE conference held on August 11, 2008. It was the understanding of defendants' counsel that the court would hold another ENE conference and that discovery would not commence until the following matters were addressed: 1) Magistrate Judge Majors indicated at the August 11 conference that the court needed to determine whether the Magistrate Judge should recuse herself in the event that review of court records indicated that the Magistrate Judge was involved,

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3) At the August 11 conference, defense counsel stated that 29 U.S.C. 504 requires the court to notify the U.S. Department of Labor for its possible participation in this action at least as to the section 504 issues. Defense counsel will send a letter to the Department of Labor giving such notice. Defendants believe and had understood that discovery would await possible intervention by the Department of Labor. 2) removal from union office. The parties have not yet received notice as to the status of the review as to possible recusal. At the August 11 conference Plaintiff was ordered to meet and confer with defense counsel regarding his intent to file an amended complaint. Plaintiff counsel has not yet shared a draft amended complaint with defense counsel. through the U.S. attorneys office at that time, in the underlying criminal matter of U.S. v. Rodriguez, Case No. 3:94-cr-00099-T. Defendants submit that plaintiff's conviction in that case legally precludes him from holding union office under 29 U.S.C. 504, and bars plaintiff's instant civil action seeking damages for "wrongful"

2 DEFENDANTS ILWU & ILWU29'S REQUEST FOR CLARIFICATION AND/OR EXTENSION OF RULE 26(f) DATES AND CMC

Case 3:08-cv-00433-H-BLM

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Filed 09/02/2008

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4)

Consistent with this understanding, plaintiff counsel has not communicated with defense counsel regarding any Rule 26(f) Conference and none has yet been held.

Accordingly, defendants request that the court clarify the status of the case in light of the above and extend the dates specified in the court's Order Following ENE, dated August 11, 2008. Dated: September 2, 2008 LEOANRD CARDER, LLP

By:

/s/ Robert Remar Robert Remar Attorneys for Defendant, INTERNATIONAL LONGSHORE AND WAREHOUSE UNION

Dated: September 2, 2008

HOLGUIN, GARFIELD & MARTINEZ, LLP

By:

/s/ John Kim John Kim Attorneys for Defendant, INTERNATIONAL LONGSHORE AND WAREHOUSE UNION, LOCAL 29

3 DEFENDANTS ILWU & ILWU29'S REQUEST FOR CLARIFICATION AND/OR EXTENSION OF RULE 26(f) DATES AND CMC