Crosthwaite et al v. Brisbin

Filing 25

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/5/2011. Further Case Management Conference set for 5/12/2011 03:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 4/8/2011. (whasec, COURT STAFF) (Filed on 4/8/2011)

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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 Matthew W. Quall, Esq. (SBN 183759) Lang, Richert & Patch 8 Post Office Box 40012 Fresno, CA 93755 9 (559) 228-6700 (559) 228-6727 Facsimile 10 Attorneys for Defendant 11 12 13 14 15 16 v. 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs and Defendant in the above-titled action jointly submit this Request to Continue the Case Management Conference, based on the following: 1. This is an action by Plaintiff Trust Funds to compel Defendant's compliance with JOHN CLARK BRISBIN, individually and dba CONSTRUCTION DEVELOPMENT SYSTEMS, Defendant. Date: Time: Location: Courtroom: Judge: April 14, 2011 3:00 p.m. 450 Golden Gate Avenue San Francisco, CA 9, 19th Floor Honorable William H. Alsup UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA F.G. CROSTHWAITE and RUSSELL E. BURNS, in their respective capacities as Trustees, et al., Plaintiffs, Case No.: C10-4266 WHA JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON an audit required by a Collective Bargaining Agreement to which he is signatory, and by the Trust Agreements incorporated therein. 2. Counsel for both parties previously met and conferred, and the requested audit has now been conducted. Thereafter, on March 15, 2011, a report detailing the amounts found due in the audit was mailed to Defendant, allowing 30 days for Defendant to make payment, or contest -1JOINT REQUEST TO CONTINUE CMC; [PROPOSED] ORDER Case No.: C10-4266 WHA P:\CLIENTS\OE3CL\CDS - Construction Development Systems\Pleadings\C10-4266 WHA - Request to Continue CMC - 040711.DOC 1 the findings. 2 3. Defendant's counsel, Matthew W. Quall, has advised Plaintiffs that a partial 3 payment toward the amounts found due has already been submitted by Defendant, and that an 4 additional partial payment will be submitted by April 15, 2011. Mr. Quall further advised that 5 Defendant is in the process of reviewing potential small discrepancies with regard to the remaining 6 amounts found due, which he intends to resolve by April 15, 2011. 7 4. Plaintiffs' billing allowed Defendant until April 15, 2011 for response and 8 payment. Therefore, in order to allow time for Defendant to submit additional payment to 9 Plaintiffs, and to complete his review and response to the report concerning the audit of his payroll 10 records, both parties respectfully request that the Case Management Conference, currently 11 scheduled for April 15, 2011, be continued for 30 days to allow resolution of the audit payment. If 12 resolved, Plaintiffs will dismiss this action. If resolution is not reached within 30 days from the 13 April 15, 2011 due date, after that time, a Case Management Conference will address scheduling 14 of Plaintiffs' Motion for Summary Judgment. 15 5. There are no issues that need to be addressed by the parties at the currently 16 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 17 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 18 Case Management Conference. 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. The currently set Case Management Conference is hereby continued to _____________ May 12, 2010, -2JOINT REQUEST TO CONTINUE CMC; [PROPOSED] ORDER Case No.: C10-4266 WHA P:\CLIENTS\OE3CL\CDS - Construction Development Systems\Pleadings\C10-4266 WHA - Request to Continue CMC - 040711.DOC Dated: April 7, 2011 SALTZMAN & JOHNSON LAW CORPORATION By: /S/ Muriel B. Kaplan Attorneys for Plaintiffs LANG, RICHERT & PATCH By: /S/ Matthew W. Quall Attorneys for Defendants Dated: April 7, 2011 UNIT ED 3:00 pm 1 _______, and all previously set deadlines and dates related to this case are vacated, to be reset at that Conference. 2 ISTRIC ES D TC April 8, 2011. Date: _________________________ __________________________________ AT T 3 United States District Court Judge RT U O 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 S ER N F D IS T IC T O R -3JOINT REQUEST TO CONTINUE CMC; [PROPOSED] ORDER Case No.: C10-4266 WHA P:\CLIENTS\OE3CL\CDS - Construction Development Systems\Pleadings\C10-4266 WHA - Request to Continue CMC - 040711.DOC A C LI FO Judge W ls illiam A up R NIA D RDERE S SO O IED IT I DIF AS MO NO RT H

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