Northern California Glaziers, Architectural Metal and Glass Workers Pension Trust Fund et al v. Sandman Glass, Inc.

Filing 27

ORDER GRANTING AS MODIFIED 26 MOTION to Continue Request to Continue Case Management Conference; and Proposed Order Thereon. Signed by Judge Jeffrey S. White on 12/10/12. (jjoS, COURT STAFF) (Filed on 12/10/2012)

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Case3:12-cv-01791-JSW Document26 Filed12/07/12 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 (415) 882-7900 4 (415) 882-9287 – Facsimile 5 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 NORTHERN CALIFORNIA GLAZIERS, ARCHITECTURAL METAL AND GLASS 11 WORKERS PENSION TRUST FUND, et al., Case No.: C12-1791 JSW REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; Plaintiffs, 12 v. 13 SANDMAN GLASS, INC., a California 14 corporation, Defendant. 15 and [PROPOSED] ORDER THEREON AS MODIFIED Date: December 14, 2012 Time: 1:30 p.m. Dept.: 11, 19th Floor Judge: The Honorable Jeffrey S. White 16 17 Plaintiffs hereby submit their Case Management Conference Statement as follows: 18 1. As the Court’s records will reflect, this action was filed on April 10, 2012 (Dkt. #1) 19 to compel Defendant’s compliance with its collective bargaining agreement. Service on Defendant 20 was effectuated on June 29, 2012. A Proof of Service of Summons was filed with the Court (Dkt. 21 #10). Defendant failed to file an Answer, and the Clerk entered Defendant’s default on September 22 18, 2012 (Dkt. #19). 23 2. Since then, the parties reached a settlement by way of a Judgment Pursuant to 24 Stipulation providing for a payment plan to allow Defendant to bring their account current by 25 making monthly payments to Plaintiffs. The Stipulation was filed with the Court on October 17, 26 2012 (Dkt. #21), and the Court issued a responsive Order (Dkt. #22) thereafter, stating that the 27 Stipulation was not acceptable because corporations may only appear in federal courts through 28 their licensed counsel. P:\CLIENTS\GLACL\Sandman Glass\Pleadings\C12-1791 JSW - Request to Continue CMC 120712.doc -1REQUEST TO CONTINUE CMC Case No.: C12-1791 JSW Case3:12-cv-01791-JSW Document26 Filed12/07/12 Page2 of 3 1 3. Accordingly, Defendant provided Plaintiffs’ counsel with the contact information 2 for their attorney. Plaintiffs’ counsel sent multiple emails to Defendant’s attorney, but did not 3 receive any response. Plaintiffs’ counsel then discovered that Defendant’s attorney had changed 4 law firms, and left a voicemail message for Defendant’s attorney today. 5 4. Since the Court continued the last Case Management Conference, which was 6 scheduled for November 16, 2012, counsel for both parties have been in contact, and have reached 7 an agreement to sign an amended Stipulation. Plaintiffs’ counsel anticipates filing the fully 8 executed Stipulation with the Court within one week. 9 5. Plaintiffs respectfully request that the Case Management Conference, currently 10 scheduled for December 14, 2012, be continued for thirty (30) days to allow time for the parties to 11 file the amended Stipulation with the Court, and for entry of Judgment. 12 6. There are no issues that need to be addressed by the parties at the currently 13 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s 14 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 15 Case Management Conference. 16 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 17 entitled action, and that the foregoing is true of my own knowledge. 18 Executed this 7th day of December, 2012, at San Francisco, California. 19 SALTZMAN & JOHNSON LAW CORPORATION 20 21 22 23 24 By: /S/ Blake E. Williams Attorneys for Plaintiffs IT IS SO ORDERED. The Court VACATES the case management conference. If the parties are unable to document The currently set Initial Case Management Conference is hereby continued to 25 _______________ at _______________. All related deadlines are hereby extended accordingly. their settlement, Plaintiffs may request that this matter be placed on 26 Date: ____________________ December 10, 2012 calendar for a status conference. 27 UNITED STATES DISTRICT COURT JUDGE 28 P:\CLIENTS\GLACL\Sandman Glass\Pleadings\C12-1791 JSW - Request to Continue CMC 120712.doc -2REQUEST TO CONTINUE CMC Case No.: C12-1791 JSW

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