Bay Area Painters & Tapers Pension Trust Fund et al v. Rhodes Painting & Decorating, Inc. et al

Filing 18

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued to June 7, 2013, at 10:30 a.m. All related deadlines are extended accordingly. Signed by Judge Maxine M. Chesney on February 27, 2013. (mmclc1, COURT STAFF) (Filed on 2/27/2013)

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1 Michele R. Stafford, Esq. (SBN 172509) Muriel B. Kaplan, Esq. (SBN 124607) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 Telephone: (415) 882-7900 4 Facsimile: (415) 882-9287 5 6 Attorneys for Plaintiffs 7 8 9 10 UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al. 13 Plaintiffs, v. 14 15 RHODES PAINTING & DECORATING, INC. aka RHODES PAINTING, a 16 California Corporation; and LANETT FERGUSON, an Individual, 17 Defendants. 18 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON Date: March 8, 2013 Time: 10:30 a.m. Ctrm: 7, 19th Floor, San Francisco, CA Judge: 19 20 Case No.: C12-6162 MMC The Honorable Maxine M. Chesney Plaintiffs herein respectfully submit their Case Management Statement, requesting that the 21 Case Management Conference, currently on calendar for March 8, 2013 be continued for 90-120 22 days. 23 1. As the Court’s records will reflect, a Complaint was filed in this matter on 24 December 5, 2012, to compel Defendants’ compliance with the terms of their Collective 25 Bargaining Agreement, by paying contributions known to be due and complying with a requested 26 audit. 27 2. Service on Defendants was effectuated on December 19, 2012, and a Proof of 28 Service of Summons was filed with the Court on January 2, 2013 [Dkt. No. 10]. -1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C12-6162 MMC P:\CLIENTS\PATCL\Rhodes Painting\Pleadings\2012 Action\C12-6162 MMC CMC Continuance Request 022613.DOC 1 3. On January 17, 2013, the Court entered the default of Defendants [Dkt. No. 12]. 2 4. To date, Defendants have failed to plead or otherwise defend or appear in this 5. In accordance with the Collective Bargaining Agreement to which Defendants are 3 action. 4 5 signatory, the Trust Funds are currently conducting an audit of Defendants’ records to determine 6 and confirm reporting and compliance with the Collective Bargaining Agreement to which they 7 are bound. [See also Complaint, ¶19 and Complaint, Prayer ¶2.] The audit report is expected to be 8 completed by or about the end of April 2013. Once the auditor has completed their report, 9 Plaintiffs will prepare and file a Motion for Default Judgment with the Court. 10 6. There are no issues that need to be addressed at the currently scheduled Case 11 Management Conference. In the interest of conserving costs as well as the Court’s time and 12 resources, Plaintiffs respectfully request that the Case Management Conference, currently 13 scheduled for March 8, 2013, be continued for 90-120 days, or to coincide with the date to be set 14 for the Motion for Default Judgment. 15 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 16 entitled action, and that the foregoing is true of my own knowledge. 17 Executed this 26th day of February, 2013, at San Francisco, California. 18 SALTZMAN & JOHNSON LAW CORPORATION 19 20 By: /S/Michele R. Stafford Michele R. Stafford Attorneys for Plaintiffs 21 22 IT IS SO ORDERED. 23 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to _____________________________. All related June 7, 2013, at 10:30 a.m. 24 deadlines are extended accordingly. 25 26 27 28 Date: February 27, 2013 THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT COURT -2- REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C12-6162 MMC P:\CLIENTS\PATCL\Rhodes Painting\Pleadings\2012 Action\C12-6162 MMC CMC Continuance Request 022613.DOC

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