Service Employees International Union National Industry Pension Fund et al v. U.S. Metro Group, Inc.

Filing 9

ORDER. Case Management Conference set for 5/24/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 3/6/12. (cdnS, COURT STAFF) (Filed on 3/6/2012)

1 PHILIP M. MILLER (SBN 87877)
KIMBERLY A. HANCOCK (SBN 205567)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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(SAN FRANCISCO DIVISION)

11 SERVICE EMPLOYEES INTERNATIONAL
UNION NATIONAL INDUSTRY PENSION
12 FUND; STEPHEN ABRECHT, Trustee;
RODERICK S. BASHIR, Trustee; KEVIN J.
13
DOYLE, Trustee; DAVID A. STILWELL,
14 Trustee; STEVEN W. FORD, Trustee;
LARRY T. SMITH, Trustee; FRANK A.
15 MAXSON, Trustee; EDWARD MANKO,
Trustee; JOHN J. SHERIDAN, Trustee; and
16 MYRIAM
ESCAMILLA, Trustee,
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Plaintiffs,
vs.
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CASE NO.: CV 11-05711 MEJ
REQUEST FOR CONTINUANCE OF
CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER
Date:
Thursday, March 15, 2012
Time: 10:00 a.m.
Judge: Magistrate Judge Maria-Elena James
Courtroom B. 15th Floor
450 Golden Gate Ave.
San Francisco, CA

19 U.S. METRO GROUP, INC., a California
corporation,
Defendant.
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Plaintiffs hereby submit their Request for Continuance of the Case Management

23 Conference currently scheduled for Thursday, March 15, 2012 at 10:00 a.m.
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1.

The Complaint in this matter was filed on November 29, 2012 for Defendant’s

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failure to pay employee pension contributions owing to Plaintiff Service Employees
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International Union National Industry Pension Fund.
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REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER; CASE NO. C 11-05711 MEJ
P:\CLIENTS\SEIUN\COLLECTIONS\CASES\U.S. METRO GROUP, INC\PLEADINGS\Case Management Conference\Request to Continun 3-15-12 CMC.doc

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2.

On February 15, 2012, Defendant U.S. Metro Group, Inc. executed a waiver of the

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service of summons. On February 23, 2012, the executed waiver of service of

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summons was filed with the Court (Docket No. 4). Pursuant to the filed waiver of

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service of summons, Defendant’s response to the complaint is due by April 16,

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2012.

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3.

to the Pension Fund.

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4.

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The parties are currently in settlement discussions concerning Defendant’s liability

The parties hope to resolve all of the above issues and reach settlement of this
matter within the next sixty (60) days.

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Therefore, there is nothing for the Court to consider at this time.

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Plaintiffs therefore respectfully request that, in order to minimize costs and fees in

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this action and allow the parties to finalize settlement of this matter, the Case
Management Conference be continued for a period of at least sixty (60) days.

16 Date: March 5, 2012

SALTZMAN & JOHNSON LAW CORPORATION

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By:
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/S/
Kimberly A. Hancock
Attorneys for Plaintiffs

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21 IT IS SO ORDERED.
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Based on the foregoing, and for GOOD CAUSE appearing, the Case Management

23 Conference currently set for Thursday, March 15, 2012 at 10:00 a.m. is hereby continued to
May 24, 2012
24 _________________ at 10:00 a.m.
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March 6, 2012
26 Date: _______________________
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_________________________________________
The Honorable Maria-Elena James
Magistrate Judge, United States District Court
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REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER; CASE NO. C 11-05711 MEJ
P:\CLIENTS\SEIUN\COLLECTIONS\CASES\U.S. METRO GROUP, INC\PLEADINGS\Case Management Conference\Request to Continun 3-15-12 CMC.doc

PROOF OF SERVICE

1
2 I, the undersigned, declare:

I am employed in the County of San Francisco, State of California. I am over the age of

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4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110,
5 San Francisco, California 94104.
On March 5, 2012, I served the document listed below on the parties to this action,

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7 addressed as follows, in the manner described below:
REQUEST FOR CONTINUANCE OF
CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER THEREON

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10 XX
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XX

MAIL, being familiar with the practice of this office for the collection and the processing
of correspondence for mailing with the United States Postal Service, and deposited in the
United States Mail copies of the same to the business addresses set forth below, in a sealed
envelope fully prepared.
E-MAIL: as a courtesy, I caused copies of the same to be sent to the persons listed below
at the respective e-mail addresses listed below. I did not receive, within a reasonable time
after the transmission, any electronic message or other indication that the transmission was
unsuccessful.

15 Addressed to:
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A. Jay Norton, Esq.
Law Offices of A. Jay Norton
Attorney for Defendant U.S. Metro Group
4010 Watson Plaza Drive, Suite 270
Lakewood, CA 90712
Email: [e-mail]
I declare under penalty of perjury that the foregoing is true and correct and that this

21 declaration was executed this 5th day of March, 2012, at San Francisco, California.
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/S/
Julie Jellen

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REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER; CASE NO. C 11-05711 MEJ
P:\CLIENTS\SEIUN\COLLECTIONS\CASES\U.S. METRO GROUP, INC\PLEADINGS\Case Management Conference\Request to Continun 3-15-12 CMC.doc