District Council 16 Northern California Health & Welfare Trust Fund et al v. 2nd Generation Floor Covering, LLC

Filing 23

ORDER CONTINUING CASE MANAGEMENT CONFERENCE by Judge William Alsup [granting 22 Motion to Continue]. (whasec, COURT STAFF) (Filed on 10/26/2010)

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 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C10-3053 WHA REQUEST TO CONTINUE OR VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON Date: October 28, 2010 Time: 11:00 a.m. Ctrm: 9, 19th Floor, 450 Golden Gate Ave. San Francisco, California Judge: Honorable William Alsup

10 DISTRICT COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WELFARE TRUST 11 FUND, et al., 12 13 Plaintiffs, v.

14 2nd GENERATION FLOOR COVERING, LLC aka 2nd GENERATION, LLC, a California Limited 15 Liability Company, 16 17 18 Defendant.

Plaintiffs herein respectfully request that the Case Management Conference currently on

19 calendar for October 28, 2010, be continued or vacated entirely. 20 1. As the Court's records will reflect, a Complaint was filed in this matter on July 12,

21 2010, to compel Defendant's compliance with the terms of its Collective Bargaining Agreement. 22 2. Service on Defendant was effectuated on August 6, 2010, and a Proof of Service of

23 Summons was filed with the Court on August 9, 2010. 24 25 3. 4. On September 2, 2010, the Court entered the default of Defendant. Pursuant to our previous request, the Court issued an Order Continuing the initial

26 Case Management Conference to the current date, October 28, 2010, which stated that if Plaintiffs 27 file their Motion For Default with the Court three days prior to that date, they may apply to 28 continue the Case Management Conference date to the same date as the hearing date for the
-1REQUEST TO CONTINUE OR VACATE CMC; [PROPOSED ORDER] THEREON Case No.: C10-3053 WHA

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1 Motion. 2 5. Despite being served with Plaintiffs' Request to Continue or Vacate Case

3 Management Conference on October 7, 2010, which states that a Motion For Default Judgment 4 will be filed by Plaintiffs within two weeks, we have had no contact from Defendant. 5 5. Plaintiffs filed their Motion For Default Judgment on October 25, 2010, three days

6 prior to the Case Management Conference. Said Motion is set for hearing on December 2, 2010. 7 6. There are no issues that need to be addressed at the currently scheduled Case

8 Management Conference. In the interest of conserving costs as well as the Court's time and 9 resources, Plaintiffs respectfully request that the Case Management Conference, currently 10 scheduled for October 28, 2010, be continued to either coincide with the date set for the Motion; 11 and/or continued for 60 to 90 days to allow disposition of the Motion; or vacated entirely. 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 IT IS SO ORDERED. By: Executed this 25th day of October, 2010, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION /S/ Michele R. Stafford Attorneys for Plaintiffs

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case 21 Management Conference is hereby continued to _____________________________. All related December 2, 2010 deadlines are extended accordingly. 22 or 23 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case 24 Management Conference is hereby vacated. October 26, 2010. Date: ____________________ _________________________________________ VED APPRO THE HONORABLE WILLIAM H. ALSUP UNITED STATES DISTRICT COURT JUDGE
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-2REQUEST TO CONTINUE OR VACATE CMC; [PROPOSED ORDER] THEREON Case No.: C10-3053 WHA

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1 2 I, the undersigned, declare: 3

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 On October 25, 2010, I served the following document(s): REQUEST TO CONTINUE OR VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON

9 on the interested parties in said action by placing a true and exact copy of each document in a 10 sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San 11 Francisco, California, addressed as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
-1PROOF OF SERVICE Case No.: C10-3053 WHA

2nd Generation Floor Covering, LLC c/o Charles Lee Peoples, Jr. Agent for Service of Process 420 Pendleton Way Oakland, CA 94621 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 25th day of October, 2010, at San Francisco, California.

Elise Thurman Paralegal

/S/

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