Bay Area Painters & Tapers Pension Trust Fund et al v. Nunn Better Painting, Inc.

Filing 20

ORDER by Magistrate Judge Bernard Zimmerman granting 19 Motion to Continue (bzsec, COURT STAFF) (Filed on 1/5/2010)

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 Plaintiff BAY AREA PAINTERS AND TAPERS 7 PENSION TRUST FUNDS, et al. 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C09-0245 BZ REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE Date: Time: Courtroom: Judge: January 11, 2010 4:00 p.m. G, 15th Floor Magistrate Judge Bernard Zimmerman

11 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., 12 Plaintiffs, 13 14 v.

15 NUNN BETTER PAINTING, INC., a California Corporation, 16 Defendant. 17 18

Plaintiffs respectfully request that the Case Management Conference currently scheduled

19 for January 11, 2010, at 4:00 p.m., be continued for approximately sixty (60) days, as follows: 20 1. A Complaint was filed in this action on January 21, 2009, to compel an audit of

21 Defendant's records by the Plaintiffs. 22 2. Thereafter and before service was effected, Defendant did schedule an audit with

23 the Funds' auditor, who reviewed the necessary documents. On that basis, the Court extended 24 time for service until September 21, 2009. 25 3. This Court granted a second extension for service, to December 1, 2009, to allow

26 time to complete the audit analysis of Defendant's payroll records, and any discussion and 27 payment, and to then determine if service of this action was necessary. 28
-1REQUEST FOR CONTINUANCE OF CMC Case No.: C09-0245 BZ
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1

4.

Before the auditors completed their report, they nevertheless advised counsel that

2 there were some underpayments found due, so Defendant was served with the pleadings. 3 Defendant was recently provided the audit report, and was billed for the findings on December 29, 4 2009. He telephoned Plaintiffs' counsel today, disputing the billing. 5 5. Plaintiffs have inquired of the Trust Funds' administrator for an analysis of the

6 billing, and respectfully request that the Court continue the Case Management Conference for a 7 period of sixty (60) days in order to allow Plaintiffs to research and determine Defendant's claim 8 of error, discuss or negotiate the findings, and possible resolution thereafter, without incurring 9 additional court time and fees on a matter that may be resolved between the parties. 10 6. In the event that the dispute is not resolved within that time, Plaintiffs will move

11 the Court for entry of default judgment. 12 I declare under penalty of perjury that I am the attorney for the plaintiffs in the above

13 entitled action, and that the foregoing is true to the best of my knowledge and belief. 14 15 16 17 18 19 20 21 22 IT IS SO ORDERED. The Case Management Conference in this action currently set for 4 p.m. on January 11, By: Executed this 4th day of January, 2010 at San Francisco, California. SALTZMAN & JOHNSON LAWCORPORATION ____________/s/__________________ Muriel B. Kaplan Attorneys for Plaintiffs

23 2010 is hereby continued to __________, 2010. , at 4:00 p.m., Courtroom G, 15th Flr. March 15 24 25 26 27 28
-2REQUEST FOR CONTINUANCE OF CMC Case No.: C09-0245 BZ
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January 5, 2010 Dated: ____________________

_________________________________ Magistrate Judge Bernard Zimmerman

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 January 4, 2010, I served the following document(s): REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE

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 10 Post Office box in San Francisco, California, addressed as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-1PROOF OF SERVICE Case No.: C09-0245 BZ
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Ronald Nunn Agent of Service of Process Nunn Better Painting, Inc. 2908 Spanish Bay Drive Brentwood, California 94513 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 4th day of January, 2010, at San Francisco, California.

________________/s/________________ Qui X. Lu