District Council 16 Northern California Health and Welfare Trust Fund et al v. M B Flooring, Inc.

Filing 32

ORDER continuing cmc to 8/27/10 (tf, COURT STAFF) (Filed on 8/12/2010)

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 Plaintiffs 7 8 9 10 11 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C09-2241 SI PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Date: Time: Location: Judge: August 13, 2010 2:30 p.m. Ctrm. 10, 19th Floor The Honorable Susan Illston

DISTRICT COUNCIL 16 NORTHERN 12 CALIFORNIA HEALTH AND WELFARE TRUST FUND, et.al., 13 Plaintiffs, 14 v. 15 M B FLOORING, INC., 16 Defendant. 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiffs herein respectfully submit their Request to Continue the current Case Management Conference: 1. As the Court's records will reflect, Defendant filed its Case Management

Conference Statement, advising that Defendant intends to file for Bankruptcy by August 16, 2010. The Case Management Conference is currently scheduled for August 13, 2010 2. Plaintiffs therefore respectfully request that the Case Management Conference be

continued by a minimum of one week, to allow Defendant to file its Petition. In the event that Defendant files, Plaintiffs will file a Request for Automatic Stay. In the event that Defendant does not, the parties will participate in the Case Management Conference to ascertain whether mediation is an option for resolution of the claims herein.
PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C09-2241 SI
P:\CLIENTS\FLRCL\M B Flooring\Pleadings\C09-2241 SI CMC Continuance Request 080910.DOC

1

3.

It is also requested that Plaintiffs' counsel be permitted to appear by telephone for

2 the Case Management Conference (in the event that a conference is required) to keep fees and 3 costs at a minimum as recovery is questionable at best. 4 5 6 7 8 9 10 IT IS SO ORDERED. 8/27/10 11 The Case Management Conference is hereby continued to _____________. Plaintiffs are hereby granted permission to appear telephonically at the Case Management Conference. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C09-2241 SI
P:\CLIENTS\FLRCL\M B Flooring\Pleadings\C09-2241 SI CMC Continuance Request 080910.DOC

Respectfully submitted, Dated August 9, 2010 SALTZMAN & JOHNSON LAW CORPORATION /S/Michele R. Stafford Michele R. Stafford Attorneys for Plaintiffs

Dated: THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE Counsel shall make arrangements with the clerk to appear by phone.

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 August 9, 2010, I served the following document(s): PLAINTIFFS' REQUEST TO CONTINUE 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 Post 10 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
PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C09-2241 SI
P:\CLIENTS\FLRCL\M B Flooring\Pleadings\C09-2241 SI CMC Continuance Request 080910.DOC

Brian O'Dea, Esq. Randick O'Dea and Tooliatos 5000 Hopyard Road, Suite 400 Pleasanton, California 94588 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 9th day of August, 2010, at San Francisco, California. _______________/S/_______________ Vanessa de Fábrega