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

Filing 27

ORDER Initial Case Management Conference set for 1/20/2012 02:30 PM. (tf, COURT STAFF) (Filed on 11/30/2011)

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] – Telephone
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorney for Plaintiffs
7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
11
Plaintiffs,
12
v.
13
AIC PAINTING CORPORATION, a California
14 Corporation; MARK DALE BOHN,
Individually and dba AIC PAINTING,
15
Defendants.
16

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JOINT REQUEST FOR CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE and JOINT CASE
MANAGEMENT STATEMENT;
[PROPOSED] ORDER THEREON
Date:

December 9, 2011

Time:

3:00 p.m.

Ctrm:

10, 19th Floor

Judge:

17
18

Case No: C11-0418 SI

The Honorable Susan Illston

The parties herein respectfully submit their Joint Case Management Statement and joint
request to continue the Case Management Conference, currently on calendar for December 9,
2011, for approximately 30 days.
1.

As the Court’s records will reflect, a Complaint this action was filed on January 28,

2011, to compel Defendants’ compliance with their obligations under the Collective Bargaining
Agreement to which they are signatory.
2.

On two previous occasions, Defendants requested a payment plan to satisfy the

amounts due, and on each occasion, Plaintiffs drafted such agreements which Defendants
ultimately did not sign.
3.

After a long hiatus in communication, Defendants’ counsel recently made a

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-1JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-0418 SI
P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\C11-0418 SI CMC Statement 112811.DOC

1 settlement proposal which was reviewed by Plaintiffs. Plaintiffs provided a counter proposal and
2 are waiting for Defendants’ response thereto.
3

4.

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

4 Management Conference. In the interest of conserving costs as well as the Court’s time and
5 resources, the parties respectfully request that the Case Management Conference, currently
6 scheduled for December 9, 2011, be continued for approximately 30 days to allow the parties to
7 attempt settlement with the goal of resolving this matter without the further intervention of the
8 Court, and for the preparation, review, and execution of a Judgment Pursuant to Stipulation if an
9 agreement is reached. If an agreement is not reached and filed with the Court within that time,
10 Plaintiffs will immediately proceed with preparation and filing of a Motion for Summary
11 Judgment.
12 Respectfully submitted,
13 Dated: November 29, 2011

SALTZMAN & JOHNSON
LAW CORPORATION

14
15

By:

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17
18 Dated: November 29, 2011
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DC LAW
/S/Dawna Cilluffo
Dawna Cilluffo
Attorneys for Defendants

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

IT IS SO ORDERED.

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Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
24 Management Conference is hereby continued to _______________.
1/20/12
25
11/29/11
26 Date: ____________________
27

_________________________________________
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE

28
-2JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-0418 SI
P:\CLIENTS\PATCL\AIC3\Pleadings\Complaint 2011\C11-0418 SI CMC Statement 112811.DOC