Bay Area Painters & Tapers Pension Trust Fund et al v. Banks

Filing 19

AMENDED ORDER re 18 Order on Motion to Continue Case Management Conference reset for 12/8/2010 01:30 PM in Courtroom C, 15th Floor, San Francisco.. Signed by Judge Edward M. Chen on 8/19/10. (bpf, COURT STAFF) (Filed on 8/19/2010)

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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 [phone] 4 [phone] ­ Facsimile [e-mail] 5 [e-mail] 6 Attorneys for Plaintiffs 7 8 9 10 11 12 13 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al. 14 Plaintiffs, 15 v. 16 BARBARA JEAN BANKS, individually and dba B & C PAINTING AND DECORATING, 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28 Case No.: C10-0024 EMC REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON Date: Time: Ctrm: Judge: August 25, 2010 1:30 p.m. C, 15th Floor The Honorable Edward M. Chen UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Plaintiffs herein respectfully submit their Request to Continue the Case Management Conference, currently on calendar for August 25, 2010, for approximately 90 days. 1. Following Plaintiffs' Case Management Statement and Request for Continuance of

Case Management Conference filed on June 10, 2010, Defendant has made several small and sporadic payments towards the $8,703.12 balance due (plus 5% per annum interest from March 6, 2010), including one payment of $2,000.00 which failed to clear the bank due to insufficient funds. 2. Proceeding with a Motion for Default Judgment which would entail significant

additional attorneys' fees, and thereby extend collection time and expense in an attempt to satisfy
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-0024 EMC

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1 such Judgment. Plaintiffs would prefer to continue to attempt resolution of the outstanding 2 amounts with Defendant, who does make periodic payments to Plaintiffs. 3 3. Accordingly, Plaintiffs respectfully request that the Case Management Conference,

4 currently scheduled for August 25, 2010, be continued for 90 days to allow resolution of 5 remaining amounts to be paid, as well as the audit. If resolved, Plaintiffs will dismiss this action. 6 4. There are no issues that need to be addressed by the parties at the currently

7 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 8 time and resources, Plaintiffs respectfully request that the Court continue to currently scheduled 9 Case Management Conference. 10 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

11 entitled action, and that the foregoing is true of my own knowledge. 12 13 14 15 16 17 IT IS SO ORDERED. 18 The currently set Case Management Conference is hereby continued to 12/8/10 1:30 p.m. __________________________ at __________________, and all previously set deadlines and 19 dates related to this case are continued accordingly. Plaintiffs is ordered to serve a copy of this order upon defendant immediately. 20 8/19/10 Date: ____________________ _________________________________________ S DISTR CT 21 THE HONORABLEIEDWARD M. CHEN TE C UNITED STATES DISTRICT COURT JUDGE TA 22 By: Executed this 18th day of August, 2010, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION /S/Muriel B. Kaplan Muriel B. Kaplan Attorneys for Plaintiffs

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-0024 EMC

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1 2 3 I, the undersigned, declare:

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 15 On August 18, 2010, I served the following document(s): REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON 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: Barbara Jean Banks Individually and dba B & C Painting and Decorating 4026 ­ 3rd Street #301 San Francisco, California 94124 I declare under penalty of perjury that the foregoing is true and correct and that this

16 declaration was executed on this 18th day of August, 2010, at San Francisco, California. 17 18 19 20 21 22 23 24 25 26 27 28
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-0024

________________/S/________________ Vanessa de Fábrega