Bay Area Painters and Tapers Pension Trust Fund et al v. AU Technologies, Inc.

Filing 33

ORDER to continue CMC re 32 MOTION to Continue - Request to Continue Case Management Conference and Proposed Order Thereon filed by Doug Christopher, Bay Area Painters and Tapers Pension Trust Fund, et al. Initial Case Management Conference reset for 9/7/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 5/3/2012. (beS, COURT STAFF) (Filed on 5/3/2012)

Case 3-11-cv-02958-CRB

Document 32

Filed in CAND on 05/02/2012

Page 1 of 3

1 Michele R. Stafford, Esq. (SBN 172509)
Blake E. Williams, Esq. (SBN 233158)
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 Attorneys 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
AU TECHNOLOGIES, INC., a Michigan
14 Domestic Profit Corporation,
15

Defendant.

Case No.: C11-2958 CRB
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE
and [PROPOSED] ORDER THEREON
Date:
Time:
Location:
Ctrm:
Judge:

May 11, 2012
8:30 a.m.
450 Golden Gate Avenue
San Francisco, CA
6, 17th Floor
Honorable Charles R. Breyer

16
17
18

1.

As the Court’s records will reflect, this action was filed on June 16, 2011 (Dkt. #1)

19 to compel Defendants’ compliance with its collective bargaining agreement. Service on
20 Defendant was effectuated on July 14, 2011. A Proof of Service of Summons was filed with the
21 Court on July 26, 2011 (Dkt. #9). Defendants failed to Answer or otherwise appear in this action
22 and, pursuant to Plaintiffs’ request, the Clerk entered Default against Defendants on August 15,
23 2011 (Dkt. #12). Defendant was duly served with a copy of the Clerk’s Notice of Default Entry,
24 and a Proof of Service of same was filed with the Court on August 16, 2011 (Dkt. #13).
25

2.

The Court continued the previously set Case Management Conference to allow

26 time for the hearing and disposition of Plaintiff Trust Funds’ Motion for Default Judgment (Dkt.
27 #21-22), which was noticed the hearing for April 13, 2012, at 10:00 a.m., or as soon thereafter as
28 the matter may be heard by the Court.
-1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C11-2958 CRB
P:\CLIENTS\PATCL\AU Technologies\Pleadings\C11-2958 CRB - Request to Continue CMC - 050212.doc

Case 3-11-cv-02958-CRB

1

3.

Document 32

Filed in CAND on 05/02/2012

Page 2 of 3

As the Court’s Minute Order (Dkt. #29) reflects, Plaintiffs’ counsel appeared by

2 telephone and Defendant failed to appear at the Motion for Default Judgment hearing, which went
3 forward as scheduled on April 13, 2012, and the matter was taken under submission. That same
4 day, the Court issued an Order (Dkt. #30) requiring Defendant to comply with an audit within 90
5 days to determine the exact amount owed to Plaintiffs for unpaid contributions. The deadline for
6 Defendant to do so is July 12, 2013.
7

4.

There are still therefore no issues that need to be addressed at the currently

8 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
9 time and resources, Plaintiffs respectfully request that the Case Management Conference,
10 currently scheduled for May 11, 2012, be continued for 120 days to allow Defendant to comply
11 with the Order, and for Plaintiffs file a request with the Court for further Judgment.
12

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

13 entitled action, and that the foregoing is true of my own knowledge.
14

Executed this 2nd day of May, 2012, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

15
16
17

By:

/S/
Blake E. Williams
Attorneys for Plaintiffs

18
19
20 IT IS SO ORDERED.

The currently set Initial Case Management Conference is hereby continued to

22 ______________________ at _______________.
8:30 a.m.
September 7, 2012

All related deadlines are hereby extended

UNIT
ED

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27

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Judge C

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28

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26

R NIA

_________________________________________
D
RDE E
THE HONORABLE CHARLES R.RBREYER
IS SO O
IT
UNITED STATES DISTRICT COURT JUDGE

LI

25

ISTRIC
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24 Date: ____________________
May 3, 2012

S

23 accordingly.

A

21

N

F
D IS T IC T O
R

C

-2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C11-2958 CRB
P:\CLIENTS\PATCL\AU Technologies\Pleadings\C11-2958 CRB - Request to Continue CMC - 050212.doc