Northern California Glaziers Architectural Metal and Glass Workers Pension Plan et al v. America's Glass Center, Inc. et al

Filing 64

ORDER CONTINUING CMC TO 7/23/10 (tf, COURT STAFF) (Filed on 7/6/2010)

Northern California Glaziers Architectural Metal and Glass Workers P...39;s Glass Center, Inc. et al

Doc. 64

1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 [phone] 4 [phone] ­ Facsimile [e-mail] 5 [e-mail] 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 NORTHERN CALIFORNIA GLAZIERS, ARCHITECTURAL METAL AND GLASS 12 WORKERS PENSION PLAN, et al., 13 14 v. 15 AMERICA'S GLASS CENTER, INC., et al., 16 17 18 19 Plaintiffs in the above two actions submit this Case Management Statement, to advise the Defendants. Plaintiffs, Date: Time: Ctrm: Judge: July 2, 2010 3:00 p.m. 10, 19th Floor The Honorable Susan Illston Case Nos.: C08-5451 SI and C09-3546 SI PLAINTIFFS' CASE MANAGEMENT STATEMENT

20 Court of the status of these matters. Defendants' counsel is on vacation until returning to his 21 office on July 1, 2010, which is the day before this Conference. 22 This Case Management Statement is submitted in both cases C08-5451 SI and C09-3546

23 SI because the issue to be resolved in both cases now addresses the validity of the Collective 24 Bargaining Agreement on which Plaintiffs' claims are based. 25 1. On June 8, 2010, the parties met for Early Neutral Evaluation, and subsequent

26 mediation. 27 28
-1PLAINTIFFS' CASE MANAGEMENT STATEMENT Case No.: C08-5451 SI and C09-3546 SI P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint re Contributions 1208\C08-5451 SI Ptf's CMC Statement 062510.DOC Dockets.Justia.com

1

2.

The cases were not resolved, and the Neutral generously agreed to meet again with

2 the parties to attempt resolution. However, the parties and their counsel continued discussion 3 among themselves on that day, still without resolution. 4 3. Defendant's counsel thereafter advised that he believed he may be able to provide

5 some resolution for the disputed issues discussed, which would resolve the actions. However, no 6 further discussion has occurred as he left for vacation that week, and will not return until July 1, 7 2010. 8 4. Further discussion will realistically not begin again until the week of July 6, 2010,

9 following the holiday weekend. 10 5. Plaintiffs therefore request that the Case Management Conference currently set for

11 July 2, 2010 at 3:00 P.M. be rescheduled for July 16, 2010, to allow the parties 2 weeks' time to 12 complete a resolution to this matter if possible, without a lengthy additional deferral of the already 13 deferred, delayed and rescheduled appearances and conferences in these actions. 14 Dated: June 25, 2010 15 16 17 18 19 IT IS SO ORDERED: ____________/s/__________________ Muriel B. Kaplan Attorneys for Plaintiffs SALTZMAN & JOHNSON LAW CORPORATION

20 For good cause shown, the Case Management Conference in these actions shall be continued to 7/23/10 21 ____________________________at 3:00 P.M. 22 23 Date:__________________ 24 25 26 27 28
-2PLAINTIFFS' CASE MANAGEMENT STATEMENT Case No.: C08-5451 SI and C09-3546 SI
P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint re Contributions 1208\C08-5451 SI Ptf's CMC Statement 062510.DOC

______________________________ U.S. DISTRICT COURT JUDGE

1 2 I, the undersigned, declare: 3

PROOF OF SERVICE

I am a citizen of the United States and am employed in the County of San Francisco, State

4 of California. I am over the age of eighteen and not a party to this action. My business address is 5 44 Montgomery Street, Suite 2110, San Francisco, California 94104. 6 7 On June 25, 2010, I served the following document(s): PLAINTIFFS' CASE MANAGEMENT STATEMENT

8 on the interested parties in said action by First Class U.S. Mail, by placing a true and exact copy of 9 each document in a sealed envelope with postage thereon fully prepaid, in a United States Post 10 Office box in San Francisco, California, addressed as follows: 11 12 13 14 15 Attorneys for Defendants: Jordan Jay Yudien, Esq. Yudien Law Firm 500 Ygnacio Valley Road, Suite 350 Walnut Creek, California 94596 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, 2010, at San Francisco, California. 17 18 19 20 21 22 23 24 25 26 27 28
-1PROOF OF SERVICE Case No.: C08-5451 SI and C09-3546 SI
P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint re Contributions 1208\C08-5451 SI Ptf's CMC Statement 062510.DOC

________________/s/________________ Qui X. Lu