Western States Insulators and Allied Workers Pension Plan et al v. Jenco Mechanical Insulatoion Inc

Filing 47

ORDER RESETTING FURTHER CMC TO 6/27/13 AT 10:30 A.M. Case Management Statement due by 6/20/2013. Further Case Management Conference set for 6/27/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/19/13. (bpf, COURT STAFF) (Filed on 3/19/2013)

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George M. Kraw (SBN 71551)
Donna L. Kirchner (SBN 138320)
Sandra L. Boerio (SBN 242465)
KRAW AND KRAW
605 Ellis Street, Suite 200
Mountain View, CA 94043
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiffs
Board of Trustees of the Western States Insulators and Allied
Workers Pension Plan, Western States Insulators and Allied
Workers Individual Account Plan, and Western States Insulators
and Allied Workers Health Plan;
Western States Insulators and Allied Workers Pension Plan;
Western States Insulators and Allied Workers Individual
Account Plan; and
Western States Insulators and Allied Workers Health Plan

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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WESTERN STATES INSULATORS AND )
ALLIED WORKERS PENSION PLAN, et )
al.,
)
)
Plaintiffs,
)
)
v.
)
)
JENCO MECHANICAL INSULATION, )
INC.,
)
)
Defendant.
)
___________________________________ )

Case No.: C11-0175 EMC
FURTHER CASE MANAGEMENT
CONFERENCE STATEMENT; AND
ADMINISTRATIVE MOTION TO CONTINUE
CASE MANAGEMENT CONFERENCE

Plaintiffs regret the delay in submitting this further Case Management Conference Statement,
and further regret to report that they have not yet initiated enforcement proceedings in Idaho.

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As the court may recall, because Defendant’s prior attorney had resigned in lieu of discipline,

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shortly before the last Case Management Conference Plaintiffs’ counsel had sent a copy of the Partial

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Judgment directly to Defendant (by both certified mail and first class mail) with a request that

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Defendant mail copies of the documents necessary for the ordered audit to Plaintiffs’ accountants.

C11-0175 EMC Further C.M.C. Stmt; and Admin Mot to Cont C.M.C.

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Plaintiffs had planned to file an enforcement action in District Court in Idaho in the event Defendant

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failed to supply the requested documents. On January 3, 2013, the certifed letter was returned

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“unclaimed.” Because the letter sent by regular mail was not returned, Plaintiffs’ counsel attempted

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to reach Defendant by telephone, but has only reached a voice mail. Defendant has not returned

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Plaintiffs’ counsel’s calls.

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Plaintiffs respectfully request that the court continue the Case Management Conference in

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this matter to June 27, 2013, or such other date that is acceptable to the court, to allow Plaintiffs

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additional time to pursue enforcement proceedings in Idaho. Plaintiffs will file such proceedings by

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April 1, 2013, and will file a status report with this court within a week thereafter confirming they

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have done so.

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Dated: March 19, 2013

KRAW & KRAW

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______/s/________________________
Donna L. Kirchner, Esq.
Counsel for Plaintiffs

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[PROPOSED] ORDER
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Good cause appearing,
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__________________________________
DERED
SO OR
Honorable Edward T IS
I M. Chen
United States District Judge

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RT

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dwa
Judge E

ER

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A

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hen

rd M. C

NO

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LI

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UNIT
ED

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RT
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21, 2012 is hereby CONTINUED to 10:30 a.m. on June 27, 2013.
S DISTRICT
TE
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C
Dated: March _____, 2013
TA

R NIA

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IT IS SO ORDERED. The Case Management Conference currently scheduled for March

FO

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N

F
D IS T IC T O
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C11-0175 EMC Further C.M.C. Stmt; and Admin Mot to Cont C.M.C.

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PROOF OF SERVICE

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I, Donna L. Kirchner, do hereby declare that:

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1.

I am over the age of 18, and and not a party to this action.

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2.

On March 19, 2013, I served the foregoing FURTHER CASE MANAGEMENT

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CONFERENCE STATEMENT; AND ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT

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CONFERENCE on Defendant.

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3.

I served the document by enclosing it in an envelope and depositing the sealed

envelope with the United States Postal Service with postage fully prepaid.
4.

The envelope was addressed as follows:
Jenco Mechanical Insulation, Inc.
240 C S 5th W
Rigby, ID 83442

I declare under penalty of perjury that the foregoing is true and correct and that this proof of
service was executed at Morgan Hill, California on the _19th_ day of March 2013.

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___/s/_________________________
Donna L. Kirchner, Esq.

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C11-0175 EMC Further C.M.C. Stmt; and Admin Mot to Cont C.M.C.

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