Northern California Glaziers Architectural Metal and Glass Workers Pension Plan et al v. Vaheid

Filing 44

ORDER Granting 43 Joint MOTION to Continue Request for Continuance of Case Management Conference. Case Management Statement due by 3/28/2014. Case Management Conference set for 4/4/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 02/03/2014. (tmi, COURT STAFF) (Filed on 2/3/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
Shivani Nanda, Esq. (SBN 253891)
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 Patricia Walsh, Esq. (SBN 121098)
LEONIDOU & ROSIN PROFESSIONAL CORPORATION
8 777 Cuesta Drive, Suite 200
Mountain View, California 94040
9 [phone]
[e-mail]
10
Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

14 NORTHERN CALIFORNIA GLAZIERS,
ARCHITECTURAL METAL AND GLASS
15 WORKERS PENSION PLAN, et al.
Plaintiffs,

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17

Case No.: C11-5116 SC
JOINT REQUEST FOR CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE; and [PROPOSED]
ORDER THEREON

v.

18 HOSSEIN VAHEID, individually and dba
UNITED GLASS & ALUMINUM; aka T P
19 WINDOWS, INC., a California corporation,
Defendants.

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Date: Friday, February 7, 2014
Time: 10:00 a.m.
Ctrm: 1, 17th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Samuel Conti

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Plaintiffs and Defendants both respectfully request

that

the

Case

Management

23 Conference scheduled for February 7, 2014, at 10:00 a.m., be continued for approximately forty24 five (45) to sixty (60) days, as follows:
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1.

The Parties recognize that this Court has granted several continuances of the Case

26 Management Conference. During this time, the Parties have attempted to work together to resolve
27 several outstanding discrepancies with regard to the results of an audit taken of Defendants’
28 payroll records.

P:\CLIENTS\GLACL\United Glass & Aluminum\Pleadings\Joint Request to Continue CMC 013114.doc

2.

1

On September 30, 2013, the parties participated in mediation. The case did not

2 settle at the mediation, but the parties continued settlement discussions thereafter, with the
3 assistance of the mediator, in an attempt to resolve this dispute.
3.

4

Defendants have since made a proposal of a potential amount to be paid under a

5 settlement agreement, which Plaintiffs will evaluate at the next meeting of the Board of Trustees
6 in February 2014. The parties have discussed certain other conditions for settlement which will
7 need to be met, including the need for an audit of Defendant’s records.
3.

8

Plaintiffs and Defendants herein respectfully request that the Case Management

9 Conference, currently scheduled for February 7, 2014, be continued for forty-five (45) to sixty
10 (60) days to allow the Plaintiffs to evaluate Defendants’ settlement proposal at the next meeting of
11 the Board of Trustees and to allow the parties to discuss the audit and other conditions of
12 settlement.
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P:\CLIENTS\GLACL\United Glass & Aluminum\Pleadings\Joint Request to Continue CMC 013114.doc

1

4.

There are no issues that need to be addressed by this Court at the currently

2 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
3 time and resources, both parties respectfully request that the Court continue the currently
4 scheduled Case Management Conference.
5 Dated: January 31, 2014

SALTZMAN & JOHNSON
LAW CORPORATION

6
By:

7
8
9 Dated: January 31, 2014

/S/
Shivani Nanda
Attorneys for Plaintiffs
LEONIDOU & ROSIN
PROFESSIONAL CORPORATION

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By:

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/S/
Patricia Walsh
Attorneys for Defendants

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13 IT IS SO ORDERED.
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Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
04/04/2014
15 Management Conference is hereby continued to _______________, and all related deadlines are
extended accordingly.
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17 Date: ____________________
02/03/2014
18

_________________________________________
THE HONORABLE SAMUEL CONTI
UNITED STATES DISTRICT COURT

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P:\CLIENTS\GLACL\United Glass & Aluminum\Pleadings\Joint Request to Continue CMC 013114.doc