Bay Area Painters and Tapers Pension Trust Fund et al v. Interior Partitions, Inc.

Filing 19

ORDER GRANTING 18 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE.Case Management Statement due by 7/9/2010. Initial Case Management Conference set for 7/16/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 6/9/10. (jjoS, COURT STAFF) (Filed on 6/9/2010)

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Case3:10-cv-00851-JSW Document18 Filed06/08/10 Page1 of 4 1 Muriel B. Kaplan, Esq. (SBN 124607) Blake E. Williams, Esq. (SBN 233158) 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 bwilliams@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No: C10-0851 JSW PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON Date: Time: Ctrm: Judge: June 18, 2010 1:30 p.m. 11, 19th Floor The Honorable Jeffrey S. White BAY AREA PAINTERS AND TAPERS 11 PENSION TRUST FUND, et al., 12 13 Plaintiffs, v. 14 INTERIOR PARTITIONS, INC., a California Corporation, and JOHN HENRY KOOGLE, an 15 individual; 16 17 18 Defendants. Plaintiffs herein respectfully submit their Case Management Statement, requesting that the 19 Case Management Conference, currently on calendar for June 18, 2010, be continued for 20 approximately 60 days. 21 1. As the Court's records will reflect, the Complaint in this action was filed on March 22 1, 2010, and an Amended Complaint was filed on March 17, 2010 adding John Henry Koogle as 23 an individual Defendant. 24 2. Defendant Interior Partitions, Inc. was served by mail on March 26, 2010, with the 25 Amended Summons, Amended Complaint and related documents, following three attempts at 26 service on the corporate defendant. A Proof of Service and Declaration re Diligence was filed with 27 the Court on April 1, 2010. 28 -1PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-0851 JSW P:\CLIENTS\PATCL\Interior Partitions 2\Pleadings\C10-0851 JSW\C10-0851 JSW CMC Statement 060810.DOC Case3:10-cv-00851-JSW Document18 Filed06/08/10 Page2 of 4 1 3. Defendant John Henry Koogle. was also served by mail on March 26, 2010, with 2 the Amended Summons, Amended Complaint and related documents, following three attempts at 3 service on the individual defendant. A Proof of Service and Declaration re Diligence was filed 4 with the Court on May 6, 2010. 5 6 2010. 7 5. On May 27, 2010, Plaintiffs filed a Notice of Automatic Stay Under 11 U.S.C. 4. The Clerk entered the default of Defendant Interior Partitions, Inc. on May 19, 8 Section 362 as to Defendant John Henry Koogle only, pursuant to that individual Defendant's 9 bankruptcy filing on May 13, 2010. Accordingly, at this time Plaintiffs' action will proceed 10 against Defendant Interior Partitions, Inc. only. 11 6. Plaintiffs anticipate filing their Motion for Default Judgment against the corporate 12 Defendant within three to four weeks. Accordingly, Plaintiffs respectfully request that the Case 13 Management Conference, currently scheduled for June 18, 2010, be continued to either coincide 14 with the date set for the Motion; or continued for 60 days to allow disposition of the Motion; or 15 vacated entirely. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-0851 JSW P:\CLIENTS\PATCL\Interior Partitions 2\Pleadings\C10-0851 JSW\C10-0851 JSW CMC Statement 060810.DOC Case3:10-cv-00851-JSW Document18 Filed06/08/10 Page3 of 4 1 7. There are no issues that need to be addressed by the parties at the currently 2 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 3 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 4 Case Management Conference. 5 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 6 entitled action, and that the foregoing is true of my own knowledge. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-0851 JSW P:\CLIENTS\PATCL\Interior Partitions 2\Pleadings\C10-0851 JSW\C10-0851 JSW CMC Statement 060810.DOC Executed this 8th day of June, 2010, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION By: /S/Blake E. Williams Blake E. Williams Attorneys for Plaintiffs IT IS SO ORDERED. The currently set Case Management Conference is hereby continued to 1:30 p.m. __________________________ at __________________, and all previously set deadlines and July 16, 2010 dates related to this case are continued accordingly. If Plaintiffs file a motion for default judgment before that date, the case management conference shall be vacated. Date: ____________________ _________________________________________ June 9, 2010 THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE

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