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 21

ORDER granting 20 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 12/14/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 10/9/2012. (beS, COURT STAFF) (Filed on 10/10/2012)

Case3:12-cv-00994-CRB Document20 Filed10/05/12 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, October 12, 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 currently scheduled

19 for October 12, 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 100512.docx

Case3:12-cv-00994-CRB Document20 Filed10/05/12 Page2 of 3

3.

1

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 Defendant for proof of payment.
4.

4

Defendant finally submitted the requested documentation in late July. The Trust

5 Funds’ auditor has been working with Defendant to make final determinations as to the amounts
6 due and compile a final draft of the audit correctly detailing the amounts Defendant owes the Trust
7 Funds.
8

5.

Defendant has recently indicated to Plaintiffs that he will be willing to enter into a

9 payment plan with Plaintiffs once the audit is completed, though the details of the payment plan
10 have not been finalized at this time.
11

6.

Accordingly, Plaintiffs herein respectfully request that the Case Management

12 Conference, currently scheduled for October 12, 2012, be continued for sixty (60) days to allow
13 for the audit to be completed and a payment plan to be finalized with Defendant. If an agreement
14 as to a payment plan cannot be reached, Plaintiffs will file a Motion for Default Judgment.
15

7.

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

16 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
17 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
18 Case Management Conference.
19 Dated: October 5, 2012

SALTZMAN & JOHNSON
LAW CORPORATION

20
By:

21
22

/s/
Blake E. Williams
Attorneys for Plaintiffs

23 IT IS SO ORDERED.
24

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-2REQUEST TO CONTINUE CMC
ER
Case No.: C12-0994 CRB
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P:\CLIENTS\PATCL\Jim's Painting & Papering Service 2\Pleadings\C12-0994 CRB - Request to Continue CMC 100512.docx

R NIA

UNIT
ED

S

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Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
Management Conference is hereby continued to Dec. 14, 2012 at 8:30
_______________, and all related deadlines are
25
extended accordingly.
26
S DISTRICT
TE
C
October 9, 2012
Date: ____________________
_________________________________________
TA
27
THE HONORABLE CHARLES R. BREYER
ERED
O
UNITED STATES DISTRICT ORD
IT IS S COURT
28

N

F
D IS T IC T O
R