Burns et al v. Michael Louis Trisby

Filing 15

ORDER granting 14 MOTION to Continue Case Management Conference. Case Management Conference continued to 1/29/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 11/15/2013. (jmdS, COURT STAFF) (Filed on 11/15/2013)

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1 Michele R. Stafford, Esq. (SBN 172509) Shivani Nanda, Esq. (SBN 253891) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 (415) 882-7900 4 (415) 882-9287 – Facsimile mstafford@sjlawcorp.com 5 snanda@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 RUSSELL E. BURNS, et al., 11 Plaintiffs, v. 12 MICHAEL LOUIS TRISBY, individually and 13 doing business as MICHAEL LOUIS TRISBY, 14 Defendant. 15 16 Case No.: C13-3842 WHO PLAINTIFFS’ REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; and ORDER THEREON Date: Tuesday, November 26, 2013 Time: 2:00 p.m. Ctrm: 2, 17th Floor 450 Golden Gate Avenue San Francisco, California Judge: The Honorable William H. Orrick 17 18 Plaintiffs respectfully request that the Case Management Conference scheduled for 19 November 26, 2013, at 2:00 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 August 20, 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 September 4, 2013, and a Proof of Service of Summons was filed on September 23, 2013 (Dkt. 24 No. 9). Defendant did not timely file a responsive pleading. Plaintiffs requested Entry of Default 25 on September 26, 2013, which was entered by the court on October 2, 2013 (Dkt. Nos. 11, 12). 26 3. Defendant has not contacted Plaintiffs regarding this matter. Plaintiffs anticipate 27 filing a Motion for Default Judgment against Defendant within ninety (90) days. Plaintiffs 28 therefore request a continuance of the Case Management Conference to allow time for the -1REQUEST TO CONTINUE CMC Case No.: C13-3842 WHO G:\WHOALL\_CV\2013\2013_03842_Burns_v_Michael_Louis_Trisby\13-cv-03842-WHO-Proposed_Order_Continuing_Case_Management_Conference.docx 1 preparation of said Motion for Default Judgment. 2 4. There are no issues that need to be addressed by this Court at the currently 3 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s 4 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 5 Case Management Conference for approximately ninety (90) days, in order to allow for sufficient 6 time for Plaintiffs to prepare and file a Motion for Default Judgment. 7 5. Plaintiffs recognize that a case management conference statement is due seven days 8 in advance of the case management conference date and that the statement must include all 9 elements requested in the “Standing Order for All Judges of the Northern District of California – 10 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court 11 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly. 12 Dated: November 15, 2013 SALTZMAN & JOHNSON LAW CORPORATION 13 By: 14 15 /S/ Shivani Nanda Attorneys for Plaintiffs 16 17 IT IS SO ORDERED. Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to January 29, 2014, and all related deadlines are 19 extended accordingly. Plaintiff shall file a Motion for Default Judgment prior to that date. 18 20 21 22 Date: November 15, 2013 _________________________________________ THE HONORABLE WILLIAM H. ORRICK UNITED STATES DISTRICT COURT 23 24 25 26 27 28 -2REQUEST TO CONTINUE CMC Case No.: C13-3842 WHO G:\WHOALL\_CV\2013\2013_03842_Burns_v_Michael_Louis_Trisby\13-cv-03842-WHO-Proposed_Order_Continuing_Case_Management_Conference.docx PROOF OF SERVICE 1 2 I, the undersigned, declare: 3 1. I am a citizen of the United States and am employed in the County of San 4 Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San 5 Francisco, California 94104. 6 2. I am over the age of eighteen and not a party to this action. 7 3. On November 15, 2013, I served the following document(s): 8 PLAINTIFFS’ REQUEST FOR CONTINUANCE OF CASE MANAGEMENT 9 CONFERENCE; and [PROPOSED] ORDER THEREON 10 on the interested parties in said action by enclosing a true and exact copy of each document in a 11 sealed envelope and placing the envelope for collection and First Class mailing following our 12 ordinary business practices. I am readily familiar with this business’ practice for collecting and 13 processing correspondence for mailing. On the same day that correspondence is placed for 14 collection and mailing, it is deposited in the ordinary course of business with the United States 15 Postal Service in a sealed envelope with postage fully prepaid. 16 17 18 4. The envelopes were addressed and mailed as follows: Michael Louis Trisby, individually and dba Michael Louis Trisby 3251 62nd Avenue Oakland, CA 94621 19 I declare under penalty of perjury that the foregoing is true and correct and that this 20 declaration was executed on November 15, 2013, at San Francisco, California. 21 /S/ 22 23 Alicia Rutkowski Paralegal Para 24 25 26 27 28 -3REQUEST TO CONTINUE CMC Case No.: C13-3842 WHO G:\WHOALL\_CV\2013\2013_03842_Burns_v_Michael_Louis_Trisby\13-cv-03842-WHO-Proposed_Order_Continuing_Case_Management_Conference.docx

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