Northern California Glaziers Architectural Metal and Glass Workers Pension Plan et al v. American River Glass, Inc.

Filing 18

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE: Case Management Statement due by 1/27/2012. Case Management Conference set for 2/3/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 11/28/11. (jjoS, COURT STAFF) (Filed on 11/28/2011)

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Case3:11-cv-03965-JSW Document17 Filed11/22/11 Page1 of 3 1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 Blake E. Williams, Esq. (SBN 233158) SALTZMAN & JOHNSON LAW CORPORATION 3 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 4 (415) 882-7900 – Telephone (415) 882-9287 – Facsimile 5 6 7 Attorneys for Plaintiffs 8 9 UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 NORTHERN CALIFORNIA GLAZIERS, 12 ARCHITECTURAL METAL AND GLASS WORKERS PENSION PLAN, et al. 13 Plaintiffs, 14 v. 15 AMERICAN RIVER GLASS, INC., a 16 California Corporation, Case No.: C11-3965 JSW REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON Time: 1:30 p.m. 11, 19th Floor Judge: 18 December 2, 2011 Ctrm: Defendant. 17 Date: The Honorable Jeffrey S. White 19 20 Plaintiffs herein respectfully submit their Case Management Statement, requesting that the 21 Case Management Conference, currently on calendar for December 2, 2011, be continued for 22 approximately 60–90 days, pending the outcome of Plaintiffs’ attempts to settle this matter 23 without the further intervention of the Court, or if informal settlement attempts are unsuccessful, 24 filing a Motion for Default Judgment. 25 1. As the Court’s records will reflect, a Complaint was filed in this matter on August 26 12, 2011, to compel Defendant’s compliance with the terms of its Collective Bargaining 27 Agreement, by scheduling an audit for the period of August 1, 2008 through the date of audit, and 28 by providing all documents necessary to complete that audit. 1 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C11-3965 JSW P:\CLIENTS\GLACL\American River Glass\Pleadings\C11-3965 JSW CMC Continuance Request 112211.DOC Case3:11-cv-03965-JSW Document17 1 2. Filed11/22/11 Page2 of 3 Service on Defendant was effectuated on August 16, 2011, and a Proof of Service 2 of Summons was filed with the Court on August 24, 2011. 3 3. On September 12, 2011, the Clerk entered the default of Defendant. 4 4. To date, Defendant has failed to plead or otherwise defend or appear in this action. 5 Plaintiffs are currently attempting to settle this matter without the further intervention of the Court. 6 If informal settlement is not reached within the next three to four weeks, Plaintiffs anticipate filing 7 a Motion for Default Judgment with the Court within the next sixty days. 8 5. There are no issues that need to be addressed at the currently scheduled Case 9 Management Conference. In the interest of conserving costs as well as the Court’s time and 10 resources, Plaintiffs respectfully request that the Case Management Conference, currently 11 scheduled for December 2, 2011, be continued for 60–90 days to allow continued attempts at 12 informal settlement, or filing and disposition of a Motion for Default Judgment if informal 13 settlement is not reached. 14 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 15 entitled action, and that the foregoing is true of my own knowledge. 16 Executed this 22nd day of November, 2011, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION 17 18 19 By: /S/Blake E. Williams Blake E. Williams Attorneys for Plaintiffs 20 21 22 IT IS SO ORDERED. 23 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case February 3, 2012 Management Conference is hereby continued to _____________________________. All related 24 deadlines are extended accordingly. 25 26 27 28 November 28, 2011 Date: ____________________ _________________________________________________ THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE 2 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO.: C11-3965 JSW P:\CLIENTS\GLACL\American River Glass\Pleadings\C11-3965 JSW CMC Continuance Request 112211.DOC

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