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)

Download PDF
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 (415) 882-7900 4 (415) 882-9287 – Facsimile 5 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 RT 27 ha Judge C ER H 28 reyer rles R. B FO NO 26 R NIA _________________________________________ D RDE E THE HONORABLE CHARLES R.RBREYER IS SO O IT UNITED STATES DISTRICT COURT JUDGE LI 25 ISTRIC ES D TC AT T RT U O 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?