Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. MGM Drywall, Inc. et al

Filing 15

ORDER re 14 MOTION to Continue - Plaintiffs' Case Management Statement and Request to Continue Case Management Conference; Proposed Order Thereon filed by Bay Area Painters and Tapers Pension Trust Fund, et al. Initial Case Management Conference reset for 4/13/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 2/6/2012. (beS, COURT STAFF) (Filed on 2/6/2012)

Case3:11-cv-04188-CRB Document14 Filed02/02/12 Page1 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
MGM DRYWALL, INC., a California
14 Corporation, and MIGUEL GUILLEN
RAMIREZ aka MIGUEL RAMIREZ
15 GUILLEN, an individual,

Case No.: C11-4188 CRB
PLAINTIFFS’ CASE MANAGEMENT
STATEMENT and;
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
Date:
Time:
Ctrm:
Judge:

February 10, 2012
8:30 a.m.
8, 19th Floor, San Francisco
Honorable Charles R. Breyer

16

Defendants.

17

Plaintiffs herein respectfully submit their Case Management Statement, requesting that the

18 Case Management Conference, currently on calendar for February 10, 2012, be continued for
19 approximately 60 days.
20

1.

As the Court’s records will reflect, this action was filed on August 24, 2011.

21 Service on Defendants was effectuated on November 17, 2011, and A Proof of Service of
22 Summons on was filed with the Court on November 21, 2011. Defendants failed to plead or
23 otherwise respond to the lawsuit, and the Clerk entered default as to both Defendants on December
24 16, 2011.
25

2.

26 matter.

The parties have been in almost constant contact to discuss resolution of this
At Defendants request, Plaintiffs prepared a draft Judgment Pursuant to Stipulation

27 (“Stipulation”) providing for a twelve month payment plan relative to all amounts due and owing
28 to Plaintiffs and emailed and mailed said Stipulation Defendants on December 12, 2011. In
-1PLAINTIFFS’ CMC STATEMENT; REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C10-3589 CRB
P:\CLIENTS\PATCL\MGM Drywall\Pleadings\C11-4188 CRB - CMC Statement 020212.doc

Case3:11-cv-04188-CRB Document14 Filed02/02/12 Page2 of 3

1 response, Defendants paid the delinquent contributions, but refused to sign the Stipulation.
2

3.

Plaintiffs’ counsel has advised Defendants of the remainder due for liquidated

3 damages, interest, and attorneys’ fees and costs and requested payment of those amounts on
4 multiple occasions, but Defendants have failed to respond. Most recently, on January 24, 2011, I
5 sent a letter to Defendants requesting that Defendants pay the remainder due within ten days of the
6 date of the letter. To date, Defendants have not responded.
7

4.

Should Defendants fail to either promptly submit payment in full, or enter into a

8 payment plan for the remainder due, Plaintiffs anticipate preparing a Motion for Default Judgment
9 and filing said Motion with the Court.
10

5.

Accordingly, Plaintiffs respectfully request that the Case Management Conference,

11 currently scheduled for February 10, 2012, be continued for 60 days to allow time for Defendants
12 to pay the remainder due, or in the alternative, for Plaintiffs to prepare, serve and file their Motion.
13

6.

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

14 scheduled Case Management Conference. In the interest of conserving costs, as well as the Court’s
15 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
16 Case Management Conference.
17

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

18 entitled action, and that the foregoing is true of my own knowledge.
19

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

20
21
By:

22
23

/S/
Michele R. Stafford
Attorneys for Plaintiffs

IT IS SO ORDERED.
24

ISTRIC
ES D
T

T
C
_________________________________________
TA
THE HONORABLE CHARLES R. BREYER
ERED
O ORD
IT IS S
UNITED STATES DISTRICT COURT JUDGE
R NIA

.
harles R

Breyer

H

P:\CLIENTS\PATCL\MGM Drywall\Pleadings\C11-4188 CRB - CMC Statement 020212.doc

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NO

-2PLAINTIFFS’ CMC STATEMENT; REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
E R Case No.: C10-3589 CRB
C
Judge C

A

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February 6, 2012
Date: ____________________

RT
U
O

27

8:30a.
_____, and all previously set deadlines and dates related to this case are continued accordingly.
S

26

April 24
The currently set Case Management Conference is hereby continued to _________ at

UNIT
ED

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F
D IS T IC T O
R