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

Filing 19

ORDER continuing cmc to 2/26/10 @ 2:30 pm (tf, COURT STAFF) (Filed on 11/12/2009)

Case3:09-cv-03546-SI Document17

Filed11/06/09 Page1 of 3

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 20 21 22 23 24 25 26 27 28 Plaintiffs herein respectfully request a Continuance of the Case Management Conference currently on calendar for November 13, 2009. 1. As the Court's records will reflect, a Complaint was filed in this matter on August Defendants. Plaintiffs, Case No.: C09-3546 SI REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE and [PROPOSED] ORDER THEREON Date: Time: Ctrm: Judge: November 13, 2009 2:30 p.m. 10, 19th Floor The Honorable Susan Illston

3, 2009 to compel Defendants' compliance with an audit of their payroll records for the period August 1, 2007 through August 31, 2009; service on Defendants was effectuated on August 6 2009; and a Proof of Service of Summons was filed with the Court on August 10, 2009. 2. 3. On September 3, 2009, the Court entered the default of both Defendants. Defendants have not complied with numerous requests to provide the necessary

documents required to conduct the audit. I was advised that Defendants further had not provided documents as promised after Plaintiffs' auditors went to Defendants' premises.
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C09-3546 SI
P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint to Compel Audit\C09-3546 SI CMC Continuance Request 110509.DOC

Case3:09-cv-03546-SI Document17

Filed11/06/09 Page2 of 3

1

4.

Plaintiffs are therefore issuing subpoenas to obtain necessary documents, and are

2 preparing a Motion for Default Judgment. 3 5. There are no issues that need to be addressed by the parties at the currently

4 scheduled Case Management Conference. Accordingly, in the interest of conserving costs as well 5 as the Court's time and resources, Plaintiffs respectfully request that the Case Management 6 Conference, currently scheduled for November 13, 2009, be continued for 90 days to allow for the 7 receipt and auditor review of the necessary documents, and the filing of Plaintiffs' Motion 8 thereafter. 9 6. In the event that the Court wishes to nevertheless proceed with a Case Management

10 Conference, it is respectfully requested that the Case Management Conference be deferred by one 11 week ­ to November 20, 2009 ­ as Plaintiffs' counsel, Muriel B. Kaplan, will be out of town on 12 November 13, 2009. 13 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

14 entitled action, and that the foregoing is true of my own knowledge. 15 16 17 18 19 20 21 IT IS SO ORDERED. 22 The currently set Case Management Conference is hereby continued to Febraury 26, 2010 3:00 p.m. 23 __________________________ at __________________, and all previously set deadlines and dates related to this case are vacated, to be reset at that Conference. 24 25 26 Date: ____________________ 27 28
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C09-3546 SI
P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint to Compel Audit\C09-3546 SI CMC Continuance Request 110509.DOC

Executed this 5th day of November, 2009, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION

By:_____________/S/______________________ Muriel B. Kaplan Attorneys for Plaintiffs

_________________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

Case3:09-cv-03546-SI Document17

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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 8 9 10 11 12 13 14 on the interested parties in said action by First Class U.S. Mail, by placing a true and exact copy of each document in a sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San Francisco, California, addressed as follows: America's Glass Center, Inc.
5050 Pacheco Blvd. Martinez, CA 94533

On November 6, 2009, I served the following document(s): REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE and [PROPOSED] ORDER THEREON

Nanette Ujdur Conley Robinson
5050 Pacheco Blvd. Martinez, CA 94533

I declare under penalty of perjury that the foregoing is true and correct and that this

15 declaration was executed on this 6th day of November, 2009, at San Francisco, California. 16 17 18 19 20 21 22 23 24 25 26 27 28
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C09-3546 SI
P:\CLIENTS\GLACL\America's Glass Centers\Pleadings\Complaint to Compel Audit\C09-3546 SI CMC Continuance Request 110509.DOC

________________/S/________________ Vanessa de Fábrega