Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. AIC Painting Corporation et al

Filing 14

ORDER Initial Case Management Conference set for 8/12/2011 02:30 PM. (tf, COURT STAFF) (Filed on 5/6/2011)

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 Attorney for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
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Plaintiffs,
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v.
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AIC PAINTING CORPORATION, a California
14 Corporation; MARK DALE BOHN,
Individually and dba AIC PAINTING,
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Defendants.
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REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
PLAINTIFFS’ CASE MANAGEMENT
CONFERENCE STATEMENT;
[PROPOSED] ORDER THEREON
Date:

May 13, 2011

Time:

2:30 p.m.

Ctrm:

10, 19th Floor

Judge:

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Case No: C11-0418 SI

The Honorable Susan Illston

Plaintiffs herein respectfully submit their Case Management Statement, requesting that the
Case Management Conference, currently on calendar for May 13, 2011, be continued for
approximately 60–90 days, as follows:
1.

As the Court’s records will reflect, a Complaint was filed in this action on January

28, 2011 for contributions due to the Trust Funds for work performed by Defendants’ employees.
2.

Defendants have requested a payment plan to satisfy the amounts due. Plaintiffs

are currently drafting said payment plan which will be in the form of a Stipulated Judgment
(“Stipulation”), and anticipate filing the Stipulation with the Court within approximately thirty
(30) days.
3.

Defendants have retained counsel, who has yet to appear. Plaintiffs agreed to
-1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE;
PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-0418 SI
P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\C11-0418 SI CMC Statement 050411.DOC

1 extend the time to respond in anticipation of resolving this matter.
4.

2

There are no issues that need to be addressed at the currently scheduled Case

3 Management Conference. In the interest of conserving costs as well as the Court’s time and
4 resources, Plaintiffs respectfully request that the Case Management Conference, currently
5 scheduled for May 13, 2011, be continued for approximately 60–90 days to allow for the
6 preparation, review, execution and filing of the Stipulation.
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Dated: May 4, 2011
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SALTZMAN & JOHNSON
LAW CORPORATION

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By: /S/Michele R. Stafford
Michele R. Stafford
Attorneys for Plaintiffs

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13 IT IS SO ORDERED.
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Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
August 12, 2011
15 Management Conference is hereby continued to _____________________________. All related
deadlines are extended accordingly.
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17 Date:
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5/5/11

_______________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE

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-2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE;
PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-0418 SI
P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\C11-0418 SI CMC Statement 050411.DOC

PROOF OF SERVICE

1
2 I, the undersigned, declare:
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1.

I am a citizen of the United States and am employed in the County of San

4 Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San
5 Francisco, California 94104.
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2.

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

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3.

May 4, 2011, I served the following document(s):

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE;
PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT;
[PROPOSED] ORDER THEREON

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10 on the interested parties in said action by enclosing a true and exact copy of each document in a
11 sealed envelope and placing the envelope for collection and mailing following our ordinary
12 business practices. I am readily familiar with this business’ practice for collecting and processing
13 correspondence for mailing. On the same day that correspondence is placed for collection and
14 mailing, it is deposited in the ordinary course of business with the United States Postal Service in
15 a sealed envelope with First Class postage fully prepaid.
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4.

The envelope(s) were addressed and sent via First Class U.S. Mail as follows:
Dawna J. Cilluffo, Esq.
DC Law
2005 De La Cruz Blvd., Suite 215
Santa Clara, California 95050

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on this 4th day of May, 2011, at San Francisco, California.

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/S/ Vanessa de Fabrega
Vanessa de Fabrega
Paralegal

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-3REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE;
PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-0418 SI
P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\C11-0418 SI CMC Statement 050411.DOC