Northern California Glaziers, Architectural Metal & Glass Workers Welfare Plan et al v. Sefeco Door & Hardware, Inc.

Filing 13

ORDER granting request to vacate case management conference. Signed by Judge Susan Illston on 12/5/12. (tfS, COURT STAFF) (Filed on 12/5/2012)

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 NORTHERN CALIFORNIA GLAZIERS,
ARCHITECTURAL METAL AND GLASS
11 WORKERS PENSION PLAN, et al.
12
13

Plaintiffs,
v.

14 SAFECO DOOR & HARDWARE, INC., a
California corporation, dba AHC GLASS,
15
Defendant.
16

Case No.: C12-4685 SI
PLAINTIFFS’ REQUEST TO VACATE
CASE MANAGEMENT CONFERENCE
Date:
Time:
Location:
Courtroom:

Friday, December 7, 2012
2:30 p.m.
450 Golden Gate Avenue
San Francisco, California
10, 19th Floor

Judge: The Honorable Susan Illston

17
18

Plaintiffs hereby submit their Request to Vacate the Case Management Conference

19 currently scheduled for Friday, December 7, 2012 at 2:30 p.m. in Courtroom 10.
20

1.

A Complaint was filed in this action on September 7, 2012 for contributions due to

21 the Trust Funds for work performed by the employees of Defendant Safeco Door & Hardware,
22 Inc., doing business as AHC Glass.
23

2.

Defendant recently submitted payment for all amounts due, including attorneys’

24 fees and costs, and one-half of the accrued liquidated damages. As Defendant has been repeatedly
25 delinquent in payment of its contributions, the remaining 50% will be conditionally waived by the
26 Plaintiffs’ Board of Trustees contingent upon Defendant remaining current in their contributions
27 through the month of September 2013. A Request for Entry of Conditional Dismissal Without
28 Prejudice was filed with the Court earlier today.
-1REQUEST TO VACATE CMC
Case No.: C12-4685 SI
P:\CLIENTS\GLACL\AHC Glass 4 (Safeco)\Pleadings\C12-4685 SI - Request to Vacate CMC 120312.docx

1

3.

Plaintiffs are waiting for the Court to issue an Order in regards to the Request.

2 There is nothing else for the Court to consider relative to this matter; therefore Plaintiffs
3 respectfully request that the Court vacate the current Case Management Conference scheduled for
4 December 7, 2012.
5

4.

Plaintiffs recognize that a case management conference statement was due seven

6 days in advance of the case management conference date and that the statement must include all
7 elements requested in the “Standing Order for All Judges of the Northern District of California –
8 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9.

Plaintiffs

9 inadvertently missed that deadline due to the pending resolution of the Action. Should this Court
10 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
11 Date: December 3, 2012
12

SALTZMAN & JOHNSON
LAW CORPORATION
By: __________/s/______________
Michele R. Stafford
Attorneys for Plaintiffs

13
14
15
16 IT IS SO ORDERED

17 The Case Management Conference currently scheduled for December 7, 2012 at 2:30 p.m. is
18 hereby vacated. All related deadlines are vacated accordingly.
19 Date: 12/5/12
20
21

_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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-2REQUEST TO VACATE CMC
Case No.: C12-4685 SI
P:\CLIENTS\GLACL\AHC Glass 4 (Safeco)\Pleadings\C12-4685 SI - Request to Vacate CMC 120312.docx