Bay Area Painters & Tapers Pension Trust Fund et al v. Advanced Interior Systems, Inc. et al

Filing 24

ORDER GRANTING JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. The parties' request to continue the case management conference to November 12, 2010 is granted. Signed by Judge Maxine M. Chesney on September 7, 2010. (mmclc2, COURT STAFF) (Filed on 9/7/2010)

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Bay Area Painters & Tapers Pension Trust Fund et al v. Advanced Interior Systems, Inc. et al Doc. 24 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 (415) 882-7900 4 (415) 882-9287 Facsimile mkaplan@sjlawcorp.com 5 mstafford@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C10-1305 MMC JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; OR ALTERNATIVELY, JOINT REQUEST TO APPEAR BY TELEPHONE Date: Time: Ctrm: Judge: September 10, 2010 10:30 a.m. 7, 19th Floor The Honorable Maxine M. Chesney 11 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al. 12 Plaintiffs, 13 v. 14 ADVANCED INTERIOR SYSTEMS, INC., a California Corporation; and ROBERT LEE 15 BROWN, an Individual, 16 17 18 Defendants. The parties hereby respectfully submit a Joint Request to Continue the Case Management 19 Conference, currently scheduled for September 10, 2010 at 10:30 a.m. 20 1. As the Court's records will reflect, this action was filed on March 29, 2010, to 21 compel Defendants' provision of certain documents for examination by ERISA Plaintiffs 22 necessary to complete an audit of Defendants' records for the period of January 1, 2006 through 23 the date of audit, pursuant to the terms of the Collective Bargaining Agreement and the governing 24 documents of the ERISA Plaintiffs. 25 2. Prior to the last scheduled Case Management Conference for July 9, 2010, 26 Defendant agreed to do certain calculations needed to provide the information necessary to 27 complete Plaintiffs' audit. Defendant has now provided part of those calculations, which have 28 been forwarded to Plaintiffs' auditor for review. Defendant advised that because the calculations -1JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-1305 MMC P:\CLIENTS\PATCL\Advanced Interior Systems\Pleadings\Complaint to Compel Audit\C10-1305 MMC Joint CMC Continuance Request 090110.doc Dockets.Justia.com 1 have been very time consuming, they will need additional time to complete the remainder of the 2 calculations. Upon completion, they too will be forwarded to Plaintiffs' auditor for review, and 3 for a report to be issued. 4 3. Accordingly, the parties hereto respectfully request that the Case Management 5 Conference, currently scheduled for September 10, 2010, be continued for approximately 60 days 6 to allow Defendants to provide Plaintiffs with the balance of their calculations; for the auditor to 7 review and analyze those results; for an audit report to be issued and reviewed by Defendants; and 8 for any necessary discussion between the parties to ensue, including payment of amounts found 9 due, if any, and to arrange a payment plan if necessary. If the matter is thereby resolved, Plaintiffs 10 will dismiss this action; if not, Plaintiffs will take further appropriate action, to be determined 11 upon any dispute that is not otherwise resolved. 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-1305 MMC P:\CLIENTS\PATCL\Advanced Interior Systems\Pleadings\Complaint to Compel Audit\C10-1305 MMC Joint CMC Continuance Request 090110.doc 1 4. 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, the parties jointly request that the Court continue to currently scheduled Case 4 Management Conference by approximately 60 days. In the event that it is not continued, the 5 parties respectfully request that they both be permitted to appear by telephone to keep fees and 6 costs at a minimum. 7 8 9 10 11 12 13 14 15 16 ORDER Based on the foregoing and GOOD CAUSE APPEARING, the Case Management 17 Conference currently scheduled for September 10, 2010 is hereby continued to November 12, 2010 18 _____________________________. A Joint Case Management Conference Statement shall be filed one week prior to the new date. 19 OR 20 Based on the foregoing and GOOD CAUSE APPEARING he Case Management 21 Conference currently scheduled for September 10, 2010 remains on calendar as set. Both parties 22 are permitted to appear by telephone. 23 September 7, 2010 24 Date: ___________________ 25 26 27 28 -3JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-1305 MMC P:\CLIENTS\PATCL\Advanced Interior Systems\Pleadings\Complaint to Compel Audit\C10-1305 MMC Joint CMC Continuance Request 090110.doc Date: September 3, 2010 SALTZMAN & JOHNSON LAW CORPORATION By: /S/ Muriel B. Kaplan Attorneys for Plaintiffs LAW OFFICE OF C. PATRICK STOLL By: /S/ Carl Patrick Stoll Attorneys for Defendant Date: September 3, 2010 ________________________________________ THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT COURT JUDGE

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