Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. Spectrum Painting & Decorating, Inc.. et al

Filing 19

ORDER granting 18 MOTION to Continue - Request to Continue Case Management Conference . Case Management Statement due by 10/18/2013. Initial Case Management Conference set for 10/25/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 07/22/2013. (tmi, COURT STAFF) (Filed on 7/22/2013)

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 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.
11
Plaintiffs,
12 v.
13 SPECTRUM PAINTING & DECORATING,
INC., a California corporation, aka
14 SPECTRUM PAINTING; and DAVID MIN
HANG CHAN, individually,
15
Defendants.
16

Case No.: C13-1782 SC
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
PLAINTIFFS’ CASE MANAGEMENT
CONFERENCE STATEMENT;
[PROPOSED] ORDER THEREON
Date:
Time:
Dept.:
Judge:

July 26, 2013
10:00 a.m.
1, 17th Floor, San Francisco, CA
The Honorable Samuel Conti

17
18

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

19 Case Management Conference, currently on calendar for July 26, 2013 be continued for 90 days.
20 Good cause exists for the continuance, as follows:
21

1.

As the Court’s records will reflect, this action was filed on April 19, 2013. The

22 Defendants were served on May 10, 2013, and a Proof of Service of Summons was filed with the
23 Court on May 20, 2013 (Dkt. #11). Defendants failed to plead or otherwise respond to the lawsuit,
24 and the Clerk entered default as to both Defendants on July 8, 2013 (Dkt. #16).
25

2.

The parties have been in contact to discuss resolution of this matter. Defendants

26 submitted contribution reports stating that they had no employees during the time period
27 December 2012 through May 2013. However, one of Defendants’ employees submitted paystubs
28 to the Plaintiff Trust Funds’ administrator indicating that contributions are owed for hours worked
--1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
No.: C13-1782 SC
C:\temp\notesBCBF1C\C13-1782 SC - Request to Continue CMC 071913.doc

1 during December 2012.
3.

2

In order to evaluate the December 2012 discrepancy, and in accordance with the

3 Collective Bargaining Agreement, the Trust Funds have requested an audit of Defendants’ payroll
4 records in order to confirm proper reporting and payment of contributions. (See also Complaint,
5 ¶18 and Complaint, Prayer ¶2.) This audit should take place within the next thirty days. A notice
6 requesting an audit was sent to Defendants on July 10, 2013. Defendants have yet to respond.
4.

7

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

8 Conference, currently scheduled for July 26, 2013, be continued for 90 days to allow time for the
9 audit to be conducted and finalized, and for the parties to discuss payment of all amounts due. If
10 Defendant does not submit payment or agree to a payment plan, a Motion for Default Judgment
11 will be filed.
5.

12

There are still no issues that need to be addressed by the parties at the currently

13 scheduled Case Management Conference. In the interest of conserving costs, as well as the Court’s
14 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
15 Case Management Conference.
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

16

17 entitled action, and that the foregoing is true of my own knowledge.
Executed this 19th day of July, 2013, at San Francisco, California.

18

SALTZMAN & JOHNSON
LAW CORPORATION

19
20
By:
21

/S/
Muriel B. Kaplan
Attorneys for Plaintiffs

22 IT IS SO ORDERED.
23 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management
24 Conference is hereby continued to Friday, October 25, 2013 at 10:00 a.m. All related deadlines are

07/22/2013

RT

FO

UNITED STATESamuel Conti
DISTRICT JUDGE
Judge S
NO

H

ER
--2C
N
REQUEST TO CONTINUE CASEI S T R I C T O F
D MANAGEMENT CONFERENCE
No.: C13-1782 SC
C:\temp\notesBCBF1C\C13-1782 SC - Request to Continue CMC 071913.doc

A

28

LI

27 Date:

R NIA

S
UNIT
ED

26

S DISTRICT
TE
C
TA

RT
U
O

25 extended accordingly