Bay Area Painters and Tapers Pension Trust Fund and its Joint Board of Trustees et al v. District Council 16 Northern California Journeyman & Apprentice Training Trust Fund, and its Joint Board of Trustees et al

Filing 15

ORDER re 14 MOTION to Continue CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON filed by District Council 16 Northern California Health and Welfare Trust Fund, et al. Initial Case Management Conference reset for 8/10/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 5/31/2012. (beS, COURT STAFF) (Filed on 5/31/2012)

Case3:12-cv-00994-CRB Document14 Filed05/31/12 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
JIMMY CHARLES WINCHESTER,
14 individually and dba JIM’S PAINTING &
PAPERING SERVICE aka JIM’S PAINTING,
15
Defendant.
16

Case No.: C12-0994 CRB
PLAINTIFFS’ REQUEST FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON
Date: Friday, June 8, 2012
Time: 8:30 a.m.
Ctrm: 6, 17th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Charles R. Breyer

17
18

Plaintiffs respectfully request that the Case Management Conference scheduled for June 8,

19 2012, at 8:30 a.m., be continued for approximately sixty (60) days, as follows:
20

1.

As the Court’s records will reflect, this action was filed on February 27, 2012 to

21 compel Defendant to submit payment for amounts found due on an audit of their payroll records
22 during the period of August 1, 2008 through June 30, 2011, and to submit contribution reports and
23 payments for the months of July 2011 through December 2011. Service on Defendant was
24 completed on March 11, 2012. A Proof of Service of Summons was filed with the Court on
25 March 21, 2012. [Docket No. 9.]
26

2.

On May 30, 2012, the Clerk of the Court contacted this office to inquire about the

27 status of the case. Plaintiffs stated that we expect to file a Motion for Default Judgment within
28 sixty (60) days.
-1REQUEST TO CONTINUE CMC
Case No.: C12-0994 CRB
P:\CLIENTS\PATCL\Jim's Painting & Papering Service 2\Pleadings\C12-0994 CRB - Request to Continue CMC 053112.doc

Case3:12-cv-00994-CRB Document14 Filed05/31/12 Page2 of 3

1

3.

On or about March 29, 2012, Defendant sent a letter to Plaintiffs’ counsel to refute

2 the findings of the audit. He stated that he had paid the travel time and gas mileage portion of the
3 audit along with the wages. Plaintiffs contacted the fund auditor regarding this issue and are in the
4 process of contacting Defendant for proof of payment.
5

4.

Accordingly, Plaintiffs herein respectfully request that the Case Management

6 Conference, currently scheduled for June 8, 2012, be continued for sixty (60) days to allow
7 Defendant ample time to submit the requested additional documents, the fund auditor to revise the
8 report (if applicable), and allow Defendant a chance to pay, if necessary. If no payment is
9 received, Plaintiffs will file a Motion for Default Judgment.
10

5.

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

11 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
12 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
13 Case Management Conference.
14 Dated: May 31, 2012

SALTZMAN & JOHNSON
LAW CORPORATION

15
By:

16
17

/s/
Blake E. Williams
Attorneys for Plaintiffs

18
19

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
Management Conference is hereby continued to _______________, and all related deadlines are
August 10, 2012
21 extended accordingly.
20

S
H

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. Breyer

FO

Judge C

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RT

26

harles R

NO

25

_________________________________________
ERED
THE HONORABLESCHARLES R. BREYER
O ORD
IT IS
UNITED STATES DISTRICT COURT

A

24

May 31, 2012
Date: ____________________

UNIT
ED

23

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22

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27
28
-2REQUEST TO CONTINUE CMC
Case No.: C12-0994 CRB
P:\CLIENTS\PATCL\Jim's Painting & Papering Service 2\Pleadings\C12-0994 CRB - Request to Continue CMC 053112.doc