Bay Area Painters & Tapers Pension Trust Fund et al v. Rhodes et al

Filing 9

MODIFIED ORDER CONTINUING CASE MANAGEMENT CONFERENCE: Case Management Statement due by 4/23/2013. Case Management Conference set for 4/30/2013 03:00 PM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D Laporte on 1/3/2013. (knm, COURT STAFF) (Filed on 1/4/2013)

1 ISAIAH ROTER (SBN 82743)
SHAAMINI A. BABU (SBN 230704)
2 JULIE A. RICHARDSON (SBN 215202)
SALTZMAN & JOHNSON LAW CORPORATION
3 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
4 [phone]
[phone] – Facsimile
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, and its BOARD OF
11 TRUSTEES; LES PROTEAU and CHARLES
DEL MONTE, TRUSTEES;
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Plaintiffs,
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v.
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ASHLEY HAWLEY RHODES, Individually
15 and dba ASHLEY H. RHODES COMPANY;
ASHLEY H. RHODES CO., LLC, a California
16 limited liability company; and DOES 1-20;
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Case No.: C 12 5583 EDL

REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE AND
[PROPOSED] ORDER
MODIFIED

Defendant.

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This action arises under the Employee Retirement Income Security Act of 1974

20 (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (29 U.S.C
21 §§1001-1461 (1982)), to recover withdrawal liability amounts owed by Defendants ASHLEY
22 HAWLEY RHODES, individually and dba ASHLEY H. RHODES COMPANY and ASHLEY H.
23 RHODES CO., LLC, a California limited liability company (collectively, “Defendants”) to
24 Plaintiffs Bay Area Painters and Tapers Pension Trust Fund and its Board of Trustees: Les Proteau
25 and Charles Del Monte (collectively “Plaintiffs”).
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1.

On October 31, 2012, Plaintiffs filed a Complaint in this matter. Dkt. #1. Service

27 was personally effectuated on Defendants on December 7, 2012. However, Proofs of Service of
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REQUEST TO CONTINUE CMC AND
[PROPOSED] ORDER
Case No.: C 12 5583 EDL

P:\CLIENTS\PATWL\CASES\Ashley H. Rhodes Company\Pleadings\CMC\Request to Continue CMC 01-02-13.DOC

1 Summons have not been filed with the Court because the Proofs have not been received from the
2 process server to date.
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2.

The deadline for Defendants to file a responsive pleading was on December 28,

4 2012. Plaintiffs anticipate filing a Request for Entry of Default against the Defendants.
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3.

The Initial Case Management Conference in this action has been set by the Court

6 for January 29, 2013, with a Case Management Statement due on January 22, 2013, and a meet
7 and confer and ADR certification required by January 8, 2013.
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4.

The requested extension will modify the ADR Scheduling Order filed on October

9 31, 2012 (Dkt #3). There are no issues that need to be addressed at the currently scheduled Case
10 Management Conference, since no defendant has appeared.
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5.

Plaintiffs believe that the requested continuance would promote the interests of

12 judicial economy and fairness, and will help effectuate a just, speedy and inexpensive
13 determination of this action. See FED. R. CIV. P. 1.
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6.

Plaintiffs respectfully request that the Case Management Conference, currently

15 scheduled for January 29, 2013, and all related dates, be continued for 90 days.
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Dated: January 3, 2013

SALTZMAN & JOHNSON LAW CORPORATION

By:

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/S/
JULIE A. RICHARDSON
Attorneys for Plaintiffs, BAY AREA
PAINTERS & TAPERS PENSION TRUST
FUND, et al.

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REQUEST TO CONTINUE CMC AND
[PROPOSED] ORDER
Case No.: C 12 5583 EDL

P:\CLIENTS\PATWL\CASES\Ashley H. Rhodes Company\Pleadings\CMC\Request to Continue CMC 01-02-13.DOC

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ORDER
Based on the foregoing Stipulation of the parties, IT IS HEREBY ORDERED that the

3:00 p.m.

4 currently set Case Management Conference is hereby continued to April 30, 2013

at 10:00

5 a.m. All related deadlines are extended accordingly.
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IT IS SO ORDERED.
January 3, 2013
Dated: _______________________

__________________________________
Honorable Elizabeth D. Laporte
UNITED STATES MAGISTRATE JUDGE

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REQUEST TO CONTINUE CMC AND
[PROPOSED] ORDER
Case No.: C 12 5583 EDL

P:\CLIENTS\PATWL\CASES\Ashley H. Rhodes Company\Pleadings\CMC\Request to Continue CMC 01-02-13.DOC

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PROOF OF SERVICE

2 I, the undersigned, declare:
I am a citizen of the United States and am employed in the County of San Francisco, State

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4 of California. I am over the age of eighteen and not a party to this action. My business address is
5 44 Montgomery Street, Suite 2110, San Francisco, California 94104.
On January 3, 2013, I served the following document:

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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER

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on the interested parties to this action, addressed as follows, in the manner described below:
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MAIL by placing the envelope for collection and mailing on the date shown above
following our ordinary business practices. Being readily familiar with this business’s
practice for collecting and processing correspondence for mailing, on the same day that
correspondence is placed for collection and mailing, it is deposited in the ordinary course
of business with the United States Postal Service in a sealed enveloped with postage fully
prepaid, as addressed below:
Ashley H Rhodes
Ashley H Rhodes Co., LLC
376 Bradford Street
San Francisco, CA 94110

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I declare under penalty of perjury that the foregoing is true and correct and that this

18 declaration was executed on this 3rd day of January, 2013 at San Francisco, California.
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_______________/s/_________________
Barbara Savino

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REQUEST TO CONTINUE CMC AND
[PROPOSED] ORDER
Case No.: C 12 5583 EDL

P:\CLIENTS\PATWL\CASES\Ashley H. Rhodes Company\Pleadings\CMC\Request to Continue CMC 01-02-13.DOC