Carpenters Pension Trust Fund for Northern California v. MGM's Cabinet Installation Services et al

Filing 33

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE TO 4/23/2009 AT 11:00 A.M. Signed by Judge William Alsup on 3/10/2009. (whasec, COURT STAFF) (Filed on 3/10/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001 dBLYTHE MICKELSON, Bar No. 095506 ROBERTA D. PERKINS, Bar No. 153074 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone 510.337.1001 Fax 510.337.1023 Attorneys for Plaintiff MICHAEL G. MOXLEY, In Propria Persona Post Office Box 406 Pinole, CA 94564 Telephone 510.741.8695 Fax 510.714.5554 For Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CARPENTERS PENSION TRUST FUND FOR NORTHERN CALIFORNIA, Plaintiff, v. MGM'S CABINET INSTALLATION SERVICES and MICHAEL GORDON MOXLEY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV 08-1164 WHA STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER; BANKRUPTCY STATUS REPORT Date: Time: Courtroom: March 19, 2009 11:00 a.m. 9, 19th Floor Hon. William Alsup Plaintiff Carpenters Pension Trust Fund for Northern California and Michael G. Moxley, hereby provide the following information for the Court's consideration. 1. Stipulation to Continue Case Management Conference: A further Case Management Conference is currently set for 11:00 a.m. on Thursday, March 19, 2009. Defendants respectfully request a continuance of the Conference for the following reasons: Defendant MGM's Cabinet Installation Services ("MGM's") is a sole proprietorship run by Defendant Michael G. Moxley. Like many other small business, MGM's was having problems 28 Stipulation to Continue Case Management Conference and Bankruptcy Status Report (CV 08-1164 WHA) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001 prior to and has been significantly impacted by the current economic downturn. MGM's had five days of work in January and two days of work in February 2009. MGM's entered into a contract for approximately three weeks of work currently scheduled to begin on March 16, 2009. That work is expected to continue on an eight hour per day basis through early April. If required to attend the Case Management Conference as scheduled, MGM's will lose a full day of work on the job, and that may cause a delay in completion of the work as well as the work of other tradespeople. Therefore, MGM requests a continuance of the Case Management Conference to the week of April 20, 2009, or a date thereafter at the Court's convenience. Plaintiff has no objection to the requested continuance. 2. Report on Status of Bankruptcy Proceedings On February 13, 2009, the Pension Trust Fund served an adversary proceeding to determine the dischargeability of the withdrawal liability obligation under 28 U.S.C. 523(C). That complaint was served on February 19, 2009. MGM had twenty days from the date of service, or until March 11, 2009, to respond to the adversary proceeding. It is anticipated that discovery will be undertaken in this proceeding, and that further deadlines will be set by the Bankruptcy Court at a status conference currently scheduled for April 6, 2009. It is Plaintiff's position that this case remains subject to the automatic stay pending a determination by the Bankruptcy Court on whether the withdrawal liability obligation is a dischargeable debt. Dated: March 10, 2009 WEINBERG, ROGER & ROSENFELD A Professional Corporation By: /s/ Roberta D. Perkins BLYTHE MICKELSON ROBERTA D. PERKINS Attorneys for Plaintiff Carpenters Pension Trust Fund for Northern California Dated: March 10, 2009 By: /s/ Michael G. Moxley MICHAEL G. MOXLEY In Propria Persona for Defendants MGM"s Cabinet Installation Services and Michael Gordon Moxley 110397/523223 28 -2Stipulation to Continue Case Management Conference and Bankruptcy Status Report (CV 08-1164 WHA) 1 2 3 4 5 [PROPOSED] ORDER IT IS HEREBY ORDERED that the Case Management Conference currently scheduled for April 23, 2009, at 11:00 a.m. March 19, 2009 be continued to _______________________. ISTRIC ES D TC AT T 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001 The Honorable PROVED Alsup William P A Judge W illiam A lsup UNIT ED 6 Dated: March 10, 2009. RT U O S ER N F D IS T IC T O R 28 -3Stipulation to Continue Case Management Conference and Bankruptcy Status Report (CV 08-1164 WHA) A C LI FO R NIA NO RT H

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