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

Filing 26

ORDER GRANTING 25 Fourth MOTION to Continue Plaintiffs' Request for Continuance of Case Management Conference. Case Management Statement due by 1/3/2014. Initial Case Management Conference set for 1/10/2014 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 11/12/13. (jjoS, COURT STAFF) (Filed on 11/12/2013)

Case3:13-cv-00496-JSW Document25 Filed11/07/13 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
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

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v.

12 TIM KRUSE CONSTRUCTION, INC., a
California Corporation,
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Defendant.
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Case No.: C13-0496 JSW
PLAINTIFFS’ REQUEST FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON
Date: Friday, November 15, 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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Plaintiffs respectfully request that the Case Management Conference scheduled for

18 November 15, 2013, at 1:30 p.m., be continued for approximately sixty (60) 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.
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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 110613.docx

Case3:13-cv-00496-JSW Document25 Filed11/07/13 Page2 of 4

4.

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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).
5.

4

Plaintiffs’ counsel again attempted to contact Defendant before incurring further

5 expense in continuing legal action and in an attempt to resolve this matter. Defendant was out of
6 the office, so Plaintiffs left a message for Defendant requesting contact. In hopes of reaching a
7 resolution with Defendant, Plaintiffs requested another continuance of the Case Management
8 Conference on October 4, 2013 (Dkt. No. 22). The Court granted Plaintiffs’ request and issued an
9 order continuing the Case Management Conference to November 15, 2013 (Dkt. No. 23).
6.

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Defendant contacted Plaintiffs’ counsel, requested a payment plan for amounts due

11 to Plaintiffs, and submitted all the documentation necessary for preparation of the same. Plaintiffs’
12 counsel is currently drafting a Judgment Pursuant to Stipulation, so Plaintiffs therefore request
13 another continuance of the Case Management Conference. If Defendant signs the Judgment
14 Pursuant to Stipulation, Plaintiffs will promptly file it. If Defendant fails to sign the Judgment
15 Pursuant to Stipulation, Plaintiffs’ counsel will prepare a Motion for Default Judgment against
16 Defendant.
7.

17

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

18 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
19 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
20 Case Management Conference for approximately sixty (60) days, in order to allow for sufficient
21 time for Plaintiffs to draft a Judgment Pursuant to Stipulation and for the execution of the same by
22 both parties.
23 / / /
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28 / / /
-2REQUEST TO CONTINUE CMC
Case No.: C13-00496 JSW
P:\CLIENTS\OE3CL\Tim Kruse Construction, Inc\Pleadings\Request to Continue CMC 110613.docx

Case3:13-cv-00496-JSW Document25 Filed11/07/13 Page3 of 4

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8.

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

2 in advance of the case management conference date and that the statement must include all
3 elements requested in the “Standing Order for All Judges of the Northern District of California –
4 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
5 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
6 Dated: November 6, 2013

SALTZMAN & JOHNSON
LAW CORPORATION

7
By:

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9

/S/
Muriel B. Kaplan
Attorneys for Plaintiffs

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11

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
January 10, 2014
Management Conference is hereby continued to _______________, and all related deadlines are
13 extended accordingly.
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November 12, 2013
Date: ____________________

_________________________________________
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 110613.docx