Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-04945-TEH

Document 31

Filed 06/25/2008

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1 PHILIP M. MILLER (SBN 87877) KRISTEN McCULLOCH (SBN 177558) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, California 94104 (415) 882-7900 4 (415) 882-9287 ­ Facsimile [email protected] 5 [email protected] 6 Attorneys for Plaintiffs 7 AREVA D. MARTIN (SBN 131397) ROSA KWONG (SBN 129811) 8 MARTIN & MARTIN, LLP 35030 Wilshire Boulevard, Suite 1650 9 Los Angeles, CA 90010 (213) 388-4747 10 (213) 385-5666 ­ Facsimile [email protected] 11 [email protected] 12 Attorneys for Defendant 13 14 15 16 CALIFORNIA SERVICE EMPLOYEES HEALTH & WELFARE TRUST FUND, 17 MIKE GARCIA, Trustee, CHARLES GILCHRIST, Trustee, RAYMOND C. NANN, 18 Trustee, LARRY T. SMITH, Trustee, 19 20 vs. 21 A & B MAINTENANCE, INC., a California corporation, 22 Defendant. 23 24 25 Plaintiffs, the California Service Employees Health & Welfare Trust Fund and its Trustees, Plaintiffs, Date: June 30, 2008 Time: 1:30 p.m. Courtroom: 12, 19th Floor Hon. Thelton E. Henderson Case No.: C 07-04945 TEH UPDATE TO THE JOINT CASE MANAGEMENT CONFERENCE STATEMENT IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION)

26 jointly with Defendant, A & B Maintenance, Inc., in the above-entitled action submit this Update 27 to the Joint Case Management Statement. 28 1
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UPDATE TO THE JOINT CASE MANAGEMENT CONFERENCE STATEMENT Case No.: C 07-04945 TEH

Case 3:07-cv-04945-TEH

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Filed 06/25/2008

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1 UPDATE: 2 1. Plaintiff's Statement: On May 12, 2008, counsel for the both parties appeared

3 before the Court for the initial case management conference. At that hearing, counsel for 4 Defendant requested that the Court put over the hearing. Counsel for Defendant stated that the 5 parties had engaged in settlement discussions and further represented that the day before the 6 hearing Counsel had been informed that recently prepared financial statements and other financial 7 information had become available which Defendant intended to provide to Plaintiffs to foster 8 settlement discussions. Defendant requested the Court to put over the initial case management 9 conference so as to allow Defendant the time to provide Plaintiffs with these recently prepared 10 financial statements and other financial information for settlement purposes. However, Plaintiffs 11 were not provided any information until June 24, 2008 at 4:19 p.m. at which time counsel for 12 Defendant forwarded to Plaintiffs, via e-mail, a copy of Defendant's Profit & Loss Statement for 13 the period of January 1, 2007 through December 2007 and Defendant's Federal Income Tax 14 Return, Form 1120S, for the year ended December 31, 2007. Plaintiffs had not had an opportunity 15 to review the information provided as of the filing of this Update to the Joint Case Management 16 Statement. 17 2. Defendant's Statement: On June 24, 2008, Defendant forwarded to Plaintiff, via

18 e-mail, a copy of its Profit & Loss Statement for the period of January through December 2007 19 and Defendant's 2007 IRS Tax Return. Because of delays in finalizing and providing Plaintiff 20 with these documents, settlement negotiations were suspended. Defendant anticipates 21 negotiations to resume as soon as Plaintiff has had an opportunity to review the documents and 22 determine that they are reliable indications of Defendant's financial status. 23 DISCLOSURES 24 25 26 27 /// 28 /// 2
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3.

The parties certify that they have made the following disclosures: a. b. Plaintiffs made their required initial disclosures on June 3, 2008. Defendant made their required initial disclosures on June 20, 2008.

UPDATE TO THE JOINT CASE MANAGEMENT CONFERENCE STATEMENT Case No.: C 07-04945 TEH

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1 UPDATED PROPOSED SCHEDULE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (14) 17 (15) 18 (16) 19 (17) 20 (18) 21 (19) 22 23 /// 24 /// 25 /// 26 /// 27 Defendant proposes advancing the ADR due date to 8/15/08 so that settlement negotiations will 28 precede litigation. 3
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4. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13)

The parties propose the following case scheduling order: Defendant's Motion for Transfer to Central District to be filed by Opposition to Motion to Transfer filed by Reply to Opposition in Motion to Transfer by Motion to Transfer to Central District to be heard by ADR session to be held by:1 Dispositive motion to be filed by: Opposition to any dispositive motion to be filed by: Reply to any opposition to any dispositive motion to be filed by: All dispositive motions to be heard on or before: Any amendment of the pleadings to be filed by: Disclosure of identities and reports of expert witnesses: Rebuttal expert disclosure Last day for hand-serving/filing motions (except for motions in limine) Completion of Fact Discovery: Completion of Expert Discovery: Last day to hear motions (except for motions in limine) Last day to hand-serve motions in limine Pretrial Conference Trial to begin on: 9/2/08 9/17/08 9/24/08 10/08/08 12/05/08 1/26/09 2/09/09 2/16/09 3/02/09 4/10/09 5/1/09 6/1/09 6/1/09 6/09/09 6/23/09 7/6/09 7/13/09 7/17/09 8/17/09

1

UPDATE TO THE JOINT CASE MANAGEMENT CONFERENCE STATEMENT Case No.: C 07-04945 TEH

Case 3:07-cv-04945-TEH

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1 Respectfully submitted, 2 Date: June 25, 2008 3 4 5 By: 6 7 Dated: June 25, 2008 8 9 10 By: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
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SALTZMAN & JOHNSON LAW CORPORATION Philip M. Miller Kristen McCulloch

/S/ Kristen McCulloch, Attorneys for Plaintiffs

Martin & Martin, LLP Areva D. Martin Rosa Miu-Ching Kwong

/S/ Rosa Miu-Ching Kwong, Attorneys for Defendant

UPDATE TO THE JOINT CASE MANAGEMENT CONFERENCE STATEMENT Case No.: C 07-04945 TEH

Case 3:07-cv-04945-TEH

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CASE MANAGEMENT ORDER The Case Management Statement and Proposed Order is hereby adopted by the Court as

3 the Case Management Order for the case and the parties are ordered to comply with this Order. In 4 addition the Court orders as set forth in the Update to the Case Management Statement: 5 6 (2) 7 (3) 8 (4) 9 (5) 10 (6) 11 (7) 12 (8) 13 14 15 16 17 18 19 (14) 20 (15) 21 (16) 22 (17) 23 (18) 24 (19) 25 It is so ordered: 26 Dated: 27 28 5
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(1)

Defendant's Motion for Transfer to Central District to be filed by Opposition to Motion to Transfer filed by Reply to Opposition in Motion to Transfer by Motion to Transfer to Central District to be heard by ADR session to be held by: Dispositive motion to be filed by: Opposition to any dispositive motion to be filed by: Reply to any opposition to any dispositive motion to be filed by: All dispositive motions to be heard on or before: Any amendment of the pleadings to be filed by: Disclosure of identities and reports of expert witnesses: Rebuttal expert disclosure Last day for hand-serving/filing motions (except for motions in limine) Completion of Fact Discovery: Completion of Expert Discovery: Last day to hear motions (except for motions in limine) Last day to hand-serve motions in limine Pretrial Conference Trial to begin on:

9/02/08 __/__/__ 9/17/08 __/__/__ 9/24/08 __/__/__ 10/08/08 __/__/__ 12/05/08 __/__/__ 1/26/09 __/__/__ 2/09/09 __/__/__ 2/16/09 __/__/__ 3/02/09 __/__/__ 4/10/09 __/__/__ 5/01/09 __/__/__ 6/1/09 __/__/__ 6/1/09 __/__/__ 6/09/09 __/__/__ 6/23/08 __/__/__ 7/6/09 __/__/__ 7/13/09 __/__/__ 7/17/09 __/__/__ 8/17/09 __/__/__

(9) (10) (11) (12) (13)

The Honorable THELTON E. HENDERSON UNITED STATES DISTRICT JUDGE

UPDATE TO THE JOINT CASE MANAGEMENT CONFERENCE STATEMENT Case No.: C 07-04945 TEH

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PROOF OF SERVICE I am employed in the County of San Francisco, State of California. I am over the age of

3 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, 4 San Francisco, California 94104. 5 On June 25, 2008, I served the following document on the parties to this action, addressed

6 as follows, in the manner described below: 7 8 9 XX 10 11 Addressed to: 12 13 14 15 I declare under penalty of perjury that the foregoing is true and correct and that this 16 declaration was executed on this 25th day of June, 2008 at San Francisco, California. 17 18 19 20 21 22 23 24 25 26 27 28 /S/ Vanessa de Fábrega Areva D. Martin Rosa Miu-Ching Kwong Martin & Martin, LLP 3530 Wilshire Blvd. Suite 1650 Los Angeles, CA 90010-2313 MAIL, being familiar with the practice of this office for the collection and the processing of correspondence for mailing with the United States Postal Service, and deposited in the United States Mail copies of the same to the business addresses set forth below, in a sealed envelope fully prepared. UPDATE TO THE JOINT CASE MANAGEMENT CONFERENCE STATEMENT

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Case No.: C 07-04945 TEH