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

Filing 53

ORDER Initial Case Management Conference set for 12/16/2011 02:30 PM. (tf, COURT STAFF) (Filed on 9/14/2011)

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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 (415) 882-7900 4 (415) 882-9287 – Facsimile mkaplan@sjlawcorp.com 5 mstafford@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 DISTRICT COUNCIL 16 NORTHERN 12 CALIFORNIA HEALTH AND WELFARE TRUST FUND, et al., 13 Plaintiffs, 14 v. 15 MUSTANG FLOOR SERVICE, INC., a 16 California Corporation, 17 REQUEST TO CONTINUE OR VACATE CASE MANAGEMENT CONFERENCE; PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT Date: September 22, 2011 Time: 2:30 p.m. Ctrm: 10, 19th Floor Judge: Defendant. 18 19 Case No.: C09-2241 SI The Honorable Susan Illston Plaintiffs herein respectfully submit their Case Management Statement, requesting that the 20 Case Management Conference, currently on calendar for September 22, 2011, be vacated or 21 continued for approximately 60-90 days, pending Plaintiffs’ filing their Motion for Default 22 Judgment. 23 1. As the Court’s records will reflect, an Amended Complaint was filed in this matter 24 on June 23, 2011, against Mustang Floor Service, Inc. (“Mustang Floor’), which based on 25 information and belief is the alter ego / successor in interest of the original Defendant M B 26 Flooring, Inc. 27 2. Service on Defendant Mustang Floor was effectuated on June 27, 2011, and a Proof 28 of Service of Summons was filed with the Court on June 29, 2011. -1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C09-2241 SI P:\CLIENTS\FLRCL\M B Flooring\Pleadings\Amended Complaint\C09-2241 SI CMC Continuance Request 091311.DOC 1 3. On July 21, 2011, the Court entered the default of Defendant Mustang Floor. 2 4. To date, Defendant Mustang Floor has failed to plead or otherwise defend or appear 3 in this action. Plaintiffs are currently preparing a Motion for Default Judgment which they 4 anticipate filing with the Court within the next thirty days. 5 5. There are no issues that need to be addressed at the currently scheduled Case 6 Management Conference. In the interest of conserving costs as well as the Court’s time and 7 resources, Plaintiffs respectfully request that the Case Management Conference, currently 8 scheduled for September 22, 2011, be vacated, or in the alternative be continued to either coincide 9 with the date to be set for the Motion or continued for 60-90 days to allow filing and disposition of 10 the Motion. 11 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 12 entitled action, and that the foregoing is true of my own knowledge. 13 Executed this 13th day of September, 2011, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION 14 15 By: /S/Michele R. Stafford Michele R. Stafford Attorneys for Plaintiffs 16 17 18 19 IT IS SO ORDERED. Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby vacated. 20 or 21 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case 22 Management Conference is hereby continued to _____________________________. All related 12/16/11 deadlines are extended accordingly. 23 9/13/11 24 Date: ____________________ 25 _________________________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT 26 27 28 -2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C09-2241 SI P:\CLIENTS\FLRCL\M B Flooring\Pleadings\Amended Complaint\C09-2241 SI CMC Continuance Request 091311.DOC PROOF OF SERVICE 1 2 I, the undersigned, declare: 3 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 September 13, 2011, I served the following document(s): REQUEST TO CONTINUE OR VACATE CASE MANAGEMENT CONFERENCE; PLAINTIFFS’ CASE MANAGEMENT CONFERENCE 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 M B Flooring, Inc. 20444 Redwood Road Castro Valley, California 94546 Mustang Floor Service, Inc. 20444 Redwood Road Castro Valley, California 94546 13 I declare under penalty of perjury that the foregoing is true and correct and that this 14 declaration was executed on this 13th day of September, 2011, at San Francisco, California. 15 16 17 _______________/S/_______________ Vanessa de Fábrega 18 19 20 21 22 23 24 25 26 27 28 -3REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C09-2241 SI P:\CLIENTS\FLRCL\M B Flooring\Pleadings\Amended Complaint\C09-2241 SI CMC Continuance Request 091311.DOC

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