Trustees of the Bricklayers Local No. 3 Pension Trust et al v. Top Gun Architectural Finishes Incorporated et al

Filing 21

ORDER RESETTING CMC re 20 Case Management Statement,, filed by Trustess of the International Union of Bricklayers and Allied Craftsmen Pension Fund, Trustees of the Bricklayers Local No. 3 Health and Welfare Trust, Trustees of the Local No. 7 Pensi on Trust, International Union of Bricklayers and Allied Craftsmen, AFL-CIO, Local Union No. 3, Trustees of the Bricklayers Local No. 3 Pension Trust, Trustees of the Bricklayers and Allied Crafts Local No. 3 Apprentice Training Trust Case Management Conference set for 12/16/2011 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/27/11. (bpf, COURT STAFF) (Filed on 9/27/2011)

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Kent Khtikian, Esq. (#99843)
Conor D. Mack, Esq. (#253878)
Katzenbach and Khtikian
1714 Stockton Street, Suite 300
San Francisco, California 94133-2930
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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TRUSTEES OF THE BRICKLAYERS LOCAL
NO. 3 PENSION TRUST; TRUSTEES OF THE
LOCAL NO. 7 PENSION TRUST; TRUSTEES
OF THE BRICKLAYERS LOCAL NO. 3
HEALTH AND WELFARE TRUST; TRUSTEES
OF THE BRICKLAYERS AND ALLIED
CRAFTS LOCAL NO. 3 APPRENTICE
TRAINING TRUST; INTERNATIONAL UNION
OF BRICKLAYERS AND ALLIED
CRAFTSMEN, AFL-CIO, LOCAL UNION NO. 3,
on behalf of itself and as agent for its members;
TRUSTEES OF THE INTERNATIONAL UNION
OF BRICKLAYERS AND ALLIED
CRAFTSMEN PENSION FUND,

) CASE NO. CV 10-4056 EMC
)
)
) PLAINTIFFS’ REQUEST TO
) CONTINUE CASE MANAGEMENT
) CONFERENCE;
) [proposed] ORDER RESETTING CASE
) MANAGEMENT CONFERENCE
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Plaintiffs,
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vs.
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TOP GUN ARCHITECTURAL FINISHES
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INCORPORATED, a California corporation;
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AMERICAN CONTRACTORS INDEMNITY
) Date:
September 30, 2011
COMPANY, a California corporation;
) Time:
9:00 a.m.
) Courtroom: 5, 17th Floor
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(San Francisco)
Defendants.
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__________________________________________)

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Pursuant to this Court's Civil Local Rule 16-9 and FRCivP 16(b), Plaintiffs hereby
submit this Case Management Statement And Proposed Order.
Plaintiffs respectfully request that the Court continue the Case Management Conference
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [proposed] ORDER
Case No. 10-4056 EMC

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currently scheduled for September 30, 2011 for 75 days, until December 16, 2011, for the

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following reasons.

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Judgment was entered as to Defendant Top Gun Architectural Finishes (“Top Gun”) on
July 12, 2011.
Plaintiffs and Defendant American Contractors Indemnity Company (“ACIC”) are

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negotiating a settlement. Plaintiffs anticipate filing a request for dismissal of ACIC within 30

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days. Should Plaintiffs and ACIC fail to settle the dispute, a 75 day continuance will allow

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sufficient time for Plaintiffs to request the default of ACIC and move for default judgment.

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Respectfully submitted,

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Katzenbach & Khtikian

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Dated: September 26, 2011

By:

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/s/ Conor Mack
Conor D. Mack
Attorneys for Plaintiffs

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[proposed] ORDER

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Good cause appearing, the Court hereby orders that the Case Management Conference

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scheduled for September 30, 2011 is rescheduled for December 16, 2011 at 9:00 a.m. A joint

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case management conference statement shall be filed no later than December 9, 2011.
IT IS SO ORDERED

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S

ER

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R NIA

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Hon. Edward M. Chen
U.S. DISTRICT COURT JUDGE
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M. Che
Edward
Judge

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DERED
SO OR
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IT IS

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9/27/11
Dated:_______________________

UNIT
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S DISTRICT
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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [proposed] ORDER
Case No. 10-4056 EMC

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PROOF OF SERVICE BY MAIL

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I am a resident of the County of San Francisco, California. I am over the age of eighteen

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years and not a party to this action. My business address is Katzenbach and Khtikian, 1714

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Stockton Street, Suite 300, San Francisco, California 94133. I served the within:

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1. PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE;
[proposed] ORDER RESETTING CASE MANAGEMENT CONFERENCE

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on the parties remaining in the action herein, by placing a true copy thereof enclosed in a sealed

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envelope with first class postage thereon fully prepaid in the United States Mail at San

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Francisco, California, on September 26, 2011 addressed as follows:

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Gregory D. McDonald, Esq.
Old Bank of America Building
12 S. First St., Ste. 417
San Jose, CA 95113

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Attorney for Defendants American Contractors Indemnity Company

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I declare under penalty of perjury that the foregoing is true and correct, and that this
declaration was executed on September 26, 2011.
/s/ Steve Raby
Steven Raby

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [proposed] ORDER
Case No. 10-4056 EMC

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