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

Filing 22

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. The currently set Case Management Conference is continued to September 13, 2013. All related deadlines are extended accordingly. Signed by Judge Maxine M. Chesney on June 10, 2013. (mmclc1, COURT STAFF) (Filed on 6/10/2013)

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: [phone]
4 Facsimile: [phone]
[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,
v.
12
13 RHODES PAINTING & DECORATING,
INC. aka RHODES PAINTING, a
14 California Corporation; and LANETT
FERGUSON, an Individual,
15
Defendants.
16

Case No.: C12-6162 MMC
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
PLAINTIFFS’ CASE MANAGEMENT
CONFERENCE STATEMENT;
[PROPOSED] ORDER THEREON
Date:
Time:
Dept.:
Judge:

June 14, 2013
10:30 a.m.
7, 19th Floor, San Francisco, CA
The Honorable Maxine M. Chesney

17
18

Plaintiffs herein respectfully submit their Case Management Statement, requesting that the

19 Case Management Conference, currently on calendar for June 14, 2013 be continued for 60-90
20 days. Good cause exists for the continuance, as follows:
21

1.

As the Court’s records will reflect, this action was filed on December 5, 2012.

22 Service on Defendants was effectuated on December 19, 2012, and A Proof of Service of
23 Summons on was filed with the Court on January 2, 2013 [Dkt. #10]. Defendants failed to plead or
24 otherwise respond to the lawsuit, and the Clerk entered default as to both Defendants on January
25 17, 2013 [Dkt. #12].
26

2.

As permitted by the Collective Bargaining and Trust Agreements, Plaintiffs

27 conducted an audit of Defendants’ payroll records for the time period October 1, 2009 through
28 December 31, 2012. The Court continued the previous Case Management Conference to allow
-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 060413.doc

1 time for the auditors to review the audit and complete their report. The auditors were experiencing
2 difficulty in obtaining documents.
3

3.

Since then, the auditors completed a draft report on or about May 29, 2013, which

4 was sent to Defendants today for review. If Defendants do not contest the audit, the report will be
5 considered final, and payment shall be due within ten (10) days of the date the audit is billed.
6

4.

Should Defendants disagree with the findings, the Trust Funds’ policies allow

7 Defendants until June 18, 2013, two weeks following the date the report was sent, to submit a
8 written statement of contention, together with all documentation necessary to support Defendants’
9 position. If the audit is contested, and Defendants provide documentation in support of the dispute,
10 Defendants shall be notified as to whether revisions will be made to the audit. If revisions are not
11 made, payment will be immediately due. If revisions are made to said audit as a result of the
12 dispute, payment in full of the revised amount shall be due within ten (10) days of the revised
13 billing.
14

5.

Based on the foregoing, Plaintiffs respectfully request that the Case Management

15 Conference, currently scheduled for June 14, 2013, be continued for 60-90 days to allow time for
16 the audit to be finalized, and for the parties to discuss payment of all amounts due. If Defendant
17 does not agree to a payment plan, a Motion for Default Judgment will be filed.
18

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

19 entitled action, and that the foregoing is true of my own knowledge.
20

Executed this 4th day of June, 2013, at San Francisco, California.

21

SALTZMAN & JOHNSON
LAW CORPORATION

22

By:

23
24 IT IS SO ORDERED.

/S/
Michele R. Stafford
Attorneys for Plaintiffs

25 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management
26 Conference is hereby continued to Sept. 13, 2013 All related deadlines are extended accordingly
___________.
27 Date:
28

June 10, 2013
THE HONORABLE MAXINE M. CHESNEY
-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 060413.doc