F.G. Crosthwaite and Russell E. Burns et al v. Tim Kruse Construction, Inc.

Filing 17

ORDER GRANTING 16 Plaintiffs' Request for Continuance of Case Management Conference. Case Management Statement due by 8/2/2013. Initial Case Management Conference set for 8/9/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 5/7/13. (jjoS, COURT STAFF) (Filed on 5/7/2013)

Case3:13-cv-00496-JSW Document16 Filed05/03/13 Page1 of 3

1 Muriel B. Kaplan, Esq. (SBN 124607)
Michele R. Stafford, Esq. (SBN 172509)
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 F. G. CROSTHWAITE, et al.,
Plaintiffs,

11
12

v.

13 TIM KRUSE CONSTRUCTION, INC., a
California Corporation,
14
Defendant.
15
16

Case No.: C13-0496 JSW
PLAINTIFFS’ REQUEST FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON
Date: Friday, May 10, 2013
Time: 1:30 p.m.
Ctrm: 11, 19th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Jeffrey S. White

17
18

Plaintiffs respectfully request that the Case Management Conference scheduled for May

19 10, 2013, at 1:30 p.m., be continued for approximately ninety (90) days, as follows:
20

1.

As the Court’s records will reflect, this action was filed on February 5, 2013 to

21 compel Defendant to comply with the terms of its Collective Bargaining Agreement.
22

2.

Plaintiffs served the complaint, summons, and court documents on Defendant on

23 February 22, 2013. Defendant failed to answer by the March 15, 2013 deadline, and Plaintiffs
24 requested Entry of Default, which was entered by the court on March 29, 2013.
25

3.

Defendant’s principal contacted Plaintiffs’ counsel on May 1, 2013 and claimed he

26 was unaware of the lawsuit and Plaintiffs’ prior correspondence, both of which were sent to
27 Defendant’s office. Plaintiffs served the Request for Entry of Default to Defendant’s principal’s
28
-1REQUEST TO CONTINUE CMC
Case No.: C13-00496 JSW
P:\CLIENTS\OE3CL\Tim Kruse Construction, Inc\Pleadings\Request to Continue CMC 050213.docx

Case3:13-cv-00496-JSW Document16 Filed05/03/13 Page2 of 3

1 home, where he did receive it, and thereafter contacted Plaintiff’s counsel with hopes to resolve
2 the matter. He is to again contact Plaintiffs’ counsel upon review of the amounts due.
3

4.

In the event that Defendant fails to provide payment of all amounts owed, or to

4 enter into a payment plan, Plaintiffs will file a Motion for Default Judgment.
5

5.

There are no issues that need to be addressed by this Court at the currently

6 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
7 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
8 Case Management Conference for approximately ninety (90) days, in order to allow for sufficient
9 time to attempt resolution of this matter.
10

6.

Plaintiffs recognize that a case management conference statement is due seven days

11 in advance of the case management conference date and that the statement must include all
12 elements requested in the “Standing Order for All Judges of the Northern District of California –
13 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
14 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
15 Dated: May 3, 2013

SALTZMAN & JOHNSON
LAW CORPORATION

16
By:

17
18

/S/
Muriel B. Kaplan
Attorneys for Plaintiffs

19
20 IT IS SO ORDERED.
21

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
_______________, and all related deadlines are
22 Management Conference is hereby continued to August 9, 2013
extended accordingly.
23
24 Date: ____________________
May 7, 2013
25
26

_________________________________________
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT

27
28
-2REQUEST TO CONTINUE CMC
Case No.: C13-00496 JSW
P:\CLIENTS\OE3CL\Tim Kruse Construction, Inc\Pleadings\Request to Continue CMC 050213.docx