Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. Delta City Drywall, Inc. et al

Filing 19

ORDER GRANTING 18 Motion to Continue Case Management Conference. Case Management Statement due by 12/30/2010. Initial Case Management Conference set for 1/7/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 9/20/10. (jjoS, COURT STAFF) (Filed on 9/20/2010)

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Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board o...ta City Drywall, Inc. et al Doc. 19 Case3:10-cv-01043-JSW Document18 Filed09/17/10 Page1 of 3 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 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No: C10-1043 JSW PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON Date: Time: Ctrm: Judge: September 24, 2010 1:30 p.m. 11, 19th floor, The Honorable Jeffrey S. White 10 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., 11 Plaintiffs, 12 v. 13 DELTA CITY DRYWALL, INC., a California 14 Corporation; and GREGORY DAVID MARTIN, individually, 15 Defendants. 16 17 Plaintiffs herein respectfully submit their Case Management Statement, requesting that the 18 Case Management Conference, currently on calendar for September 24, 2010, be continued for 19 approximately 60 90 days. 20 1. As the Court's records will reflect, this action was filed on March 11, 2010 to 21 compel Defendants' compliance with an audit of Defendants' records. Service on Defendants 22 was effectuated on March 17, 2010. A Proof of Service of Summons was filed with the Court on 23 March 24, 2010. Defendants failed to Answer or otherwise appear in this action and, pursuant to 24 Plaintiffs' request, the Clerk entered Default against Defendant on April 9, 2010. 25 2. In order to allow time for Defendants to review and respond to the report 26 concerning the audit of Defendants' payroll records, Plaintiffs requested that the Court continue 27 the previous Case Management Conference set for June 25, 2010. 28 3. Since then, Plaintiffs have made a settlement offer to Defendants for payment of -1PLAINTIFFS' CMC STATEMENT; REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON Case No.: C10-1043 JSW Dockets.Justia.com P:\CLIENTS\PATCL\Delta City\Pleadings\C10-1043 JSW -CMC Statement and Request to Cont CMC 091610.pdf.DOC Case3:10-cv-01043-JSW Document18 Filed09/17/10 Page2 of 3 1 contribution shortages and attorneys' fees and costs. Plaintiffs are awaiting Defendants' response 2 to the settlement offer. 3 4. Accordingly, Plaintiffs respectfully request that the Case Management Conference, 4 currently scheduled for September 24, 2010, be continued for 60 - 90 days to allow resolution of 5 remaining amounts to be paid. If resolved, Plaintiffs will dismiss this action. If resolution is not 6 reached within 30 days from today's date, Plaintiffs will promptly file a Motion for Default 7 Judgment. 8 5. There are no issues that need to be addressed by the parties at the currently 9 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 10 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 11 Case Management Conference. 12 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 13 entitled action, and that the foregoing is true of my own knowledge. 14 15 16 17 18 19 20 21 IT IS SO ORDERED. The currently set Case Management Conference is hereby continued to __________________________ at __________________, and all previously set deadlines and 1:30 p.m. January 7, 2011 22 dates related to this case are continued accordingly. 23 24 25 26 27 28 -2PLAINTIFFS' CMC STATEMENT; REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON Case No.: C10-1043 JSW Executed this 16th day of September, 2010, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION By: /S/ Blake E. Williams Attorneys for Plaintiffs September 17, 2010 Date: ____________________ _________________________________________ THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE P:\CLIENTS\PATCL\Delta City\Pleadings\C10-1043 JSW -CMC Statement and Request to Cont CMC 091610.pdf.DOC

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