Bricklayers and Allied Craftworkers Local Union No. 3, AFL-CIO et al v. Young et al

Filing 13

STIPULATION AND ORDER re 12 Stipulation to reset cmc from 4/21/10 to 7/28/10,, filed by Trustees of the Northern California Tile Industry Apprenticeship and Training Trust Fund, Bricklayers and Allied Craftworkers Local Union No. 3, AFL-CIO, Truste es of the Northern California Tile Industry Health and Welfare Trust Fund, Trustees of the Northern California Tile Industry Pension Trust, Tile Employers Contract Administration Fund, Trustees of the International Union of Bricklayers and Allied Craftworkers Pension Fund, Tile Industry Promotion Fund of Northern California, Inc.. Signed by Judge Edward M. Chen on 4/20/10. (bpf, COURT STAFF) (Filed on 4/20/2010)

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Kent Khtikian, Esq. (#99843) Katzenbach and Khtikian 1714 Stockton Street, Suite 300 San Francisco, California 94133-2930 Telephone: [phone] Facsimile: (415 834-1842 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) Case No. CV 10-0112 EMC ) ) ) ) ) STIPULATION TO CONTINUE ) CASE MANAGEMENT ) CONFERENCE ) ) ) ) ) ) ) ) Plaintiffs, ) ) vs. ) ) ERIC LAWRENCE YOUNG, as an individual and doing ) business as "Diablo Designs Tile And Marble"; ) CMC Current Set For: AMERICAN CONTRACTORS INDEMNITY ) Date: April 21, 2010 COMPANY, a California corporation, ) Time: 1:30 p.m. ) Courtroom: C (15th Fl) Defendants. ) San Francisco _____________ ____________________________________) Plaintiffs and Defendant, American Contractors Indemnity Company ("ACIC"), by and through their counsel of record stipulate as follows: 1. On April 14, 2010 plaintiffs filed a request for entry of the default of Young. 2. Plaintiffs have agreed to provide ACIC withing the next 2 working days with copies of
Stipulation To Continue Case Management Conference Case No. CV 10 0112 EMC

BRICKLAYERS AND ALLIED CRAFTWORKERS LOCAL UNION NO. 3, AFL-CIO; TRUSTEES OF THE NORTHERN CALIFORNIA TILE INDUSTRY PENSION TRUST; TRUSTEES OF THE NORTHERN CALIFORNIA TILE INDUSTRY HEALTH AND WELFARE TRUST FUND; TRUSTEES OF THE NORTHERN CALIFORNIA TILE INDUSTRY APPRENTICESHIP AND TRAINING TRUST FUND; TILE INDUSTRY PROMOTION FUND OF NORTHERN CALIFORNIA, INC., a not-for-profit California corporation; TILE EMPLOYERS CONTRACT ADMINISTRATION FUND; TRUSTEES OF THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS PENSION FUND,

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documents from Young which Plaintiffs believe constitute an admission by Young that the principal amount owed by Young to Plaintiffs exceeds $41,000. The maximum amount payable on the bond underwritten by ACIC in claims such as that in the instant controversy is $4,000. 3. Plaintiffs and ACIC have quickly settled similar claims in the past. 4. ACIC is inclined to settle this matter upon reviewing the documents from Plaintiffs. 5. Plaintiffs and ACIC believe that there is a very high probability that Plaintiffs claims against ACIC will be settled within 30 days. 6. Plaintiffs intend to file a motion for default judgment against Young following entry of default by the Clerk. Plaintiffs expect to file such a motion within 90 days. On the basis of the foregoing, Plaintiffs and ACIC request that the Court continue the case management conference, currently calendered for April 21, 2010 at 1:30 p.m., before Magistrate Judge Chen, for 90 days. So Stipulated: Lanak & Hanna, P.C.

Dated: April 19, 2010

/s/ Robert Stroj Robert Stroj Attorneys for American Contractors Indemnity Company

By:

Katzenbach & Khtikian

Dated: April 19, 2010

By:

/s/ Kent Khtikian Kent Khtikian Attorneys for Plaintiffs

Attestation Of Concurrence I, Kent Khtikian, declare that Robert Stroj has signed the Stipulation set forth above and that I have in my possession their signatures on this document. I declare under penalty of perjury that the foregoing is true and correct. Executed this 20th day of April 2010, in San Francisco, California. /s/ Kent Khtikian Kent Khtikian
Stipulation To Continue Case Management Conference Case No. CV 10 0112 EMC

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ORDER It is hereby ordered that the case management conference in this matter currently 7/28 scheduled for April 21, 2010 shall be continued to ________________________, 2010 at 1:30pm ____________ in Courtroom C, 15th Floor, 450 Golden Gate Avenue, San Francisco. A joint cmc statement shall be filed by 7/21/10.

____________________________ D Hon. Edward M.Chen ERE O ORD

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4/20/10 Dated:_______________________

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