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

Filing 23

ORDER GRANTING 22 MOTION to Continue Case Management Conference. Case Management Statement due by 11/8/2013. Initial Case Management Conference set for 11/15/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 10/8/13. (jjoS, COURT STAFF) (Filed on 10/8/2013)

Case3:13-cv-00496-JSW Document22 Filed10/04/13 Page1 of 4

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

UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9 F. G. CROSTHWAITE, et al.,
Plaintiffs,

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11

v.

12 TIM KRUSE CONSTRUCTION, INC., a
California Corporation,
13
Defendant.
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Case No.: C13-0496 JSW
PLAINTIFFS’ REQUEST FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON
Date: Friday, October 11, 2013
Time: 1:30 p.m.
Ctrm: 11, 19th Floor
450 Golden Gate Avenue
San Francisco, California
Judge: The Honorable Jeffrey S. White

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17

Plaintiffs respectfully request that the Case Management Conference scheduled for

18 October 11, 2013, at 1:30 p.m., be continued for approximately thirty (30) days, as follows:
19

1.

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

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

2.

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

22 February 22, 2013. Defendant failed to answer by the March 15, 2013 deadline, and Plaintiffs
23 requested Entry of Default, which was entered by the court on March 29, 2013. Thereafter,
24 discussion between the parties began.
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3.

Defendant asked for time to review its records regarding amounts due to Plaintiffs.

26 Plaintiffs requested a continuance of the Case Management Conference on May 3, 2013 (Dkt. No.
27 16) to allow that time, and the Court granted Plaintiffs’ request and issued an order continuing the
28 Case Management Conference to August 9, 2013 (Dkt. No. 17).
-1REQUEST TO CONTINUE CMC
Case No.: C13-00496 JSW
P:\CLIENTS\OE3CL\Tim Kruse Construction, Inc\Pleadings\Request to Continue CMC 100413.docx

Case3:13-cv-00496-JSW Document22 Filed10/04/13 Page2 of 4

1

4.

Plaintiffs requested an additional continuance of the Case Management Conference

2 on August 2, 2013 (Dkt. No. 19), and the Court granted Plaintiffs’ request and issued an order
3 continuing the Case Management Conference to October 11, 2013 (Dkt. No. 20).
4

5.

Defendant has failed to contact Plaintiffs’ counsel despite having been given time

5 to review its records, and upon a follow-up by Plaintiffs’ counsel, indicated that it would be filing
6 for bankruptcy. No bankruptcy has been filed by Defendant to date, and check stubs received by
7 Plaintiffs’ administrative office prove that Defendant does owe unpaid contributions for hours
8 worked by its employees to Plaintiffs.
9

6.

Plaintiffs’ counsel again attempted to contact Defendant before incurring further

10 expense in continuing legal action, in an attempt to resolve this matter. Defendant was out of the
11 office and has not responded to the message left for a return call. In the event that Defendant fails
12 to respond and provide its reports and payment of all amounts owed, or to enter into a payment
13 plan, Plaintiffs will file a Motion for Default Judgment and Order to Compel Compliance.
14

7.

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

15 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
16 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
17 Case Management Conference for approximately thirty (30) days, in order to allow for sufficient
18 time to attempt resolution of this matter.
19

8.

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

20 in advance of the case management conference date and that the statement must include all
21 elements requested in the “Standing Order for All Judges of the Northern District of California –
22 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
23 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
24 Dated: October 4, 2013

SALTZMAN & JOHNSON
LAW CORPORATION

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26
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By:

/S/
Muriel B. Kaplan
Attorneys for Plaintiffs

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-2REQUEST TO CONTINUE CMC
Case No.: C13-00496 JSW
P:\CLIENTS\OE3CL\Tim Kruse Construction, Inc\Pleadings\Request to Continue CMC 100413.docx

Case3:13-cv-00496-JSW Document22 Filed10/04/13 Page3 of 4

1 IT IS SO ORDERED.
2

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
Management Conference is hereby continued to November 15. 2013 and all related deadlines are
_______________,
3
extended accordingly.
4
October 8, 2013
5 Date: ____________________
6

_________________________________________
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT

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-3REQUEST TO CONTINUE CMC
Case No.: C13-00496 JSW
P:\CLIENTS\OE3CL\Tim Kruse Construction, Inc\Pleadings\Request to Continue CMC 100413.docx