Bricklayers Local No. 3 Pension Trust and its Board of Trustees et al v. Xu

Filing 14

ORDER GRANTING 13 MOTION to Continue Initial Case Management Conference. Case Management Statement due by 4/18/2014. Initial Case Management Conference set for 4/25/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland.. Signed by Judge JEFFREY S. WHITE on 1/8/14. (jjoS, COURT STAFF) (Filed on 1/8/2014)

Case3:13-cv-04593-JSW Document13 Filed01/08/14 Page1 of 3

1 Muriel B. Kaplan, Esq. (SBN 124607)
Erica J. Russell, Esq. (SBN 274494)
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
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BRICKLAYERS LOCAL NO. 3 PENSION
10 TRUST, et al.,
Plaintiffs,

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12

v.

13 DONGHUA XU, individually and dba UNITED
TILE & MARBLE CO.,
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Defendant.
15

Case No.: C13-4593 JSW
PLAINTIFFS’ REQUEST TO
CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
Date:
Time:
Location:
Courtroom:
Judge:

January 17, 2014
1:30 p.m.
450 Golden Gate Avenue, San
Francisco, CA
11, 19th Floor
Honorable Jeffrey S. White

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17

Plaintiffs herein respectfully submit their request that the initial Case Management

18 Conference, currently on calendar for January 17, 2014, be continued for approximately sixty (60)
19 to ninety (90) days. Good cause exists for the granting of the continuance, as follows:
20

1.

As the Court’s records will reflect, this action was filed on October 4, 2013 to

21 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

23 November 4, 2013. Defendant failed to file an answer by the deadline, and Plaintiffs requested
24 Entry of Default, which was entered by the court on December 12, 2013.
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3.

The parties have been in discussion regarding the amounts found due to Plaintiffs

26 as a result of an audit of Defendant’s payroll records for the time period of October 1, 2008
27 through March 31, 2013. Defendant has provided some documentation to dispute the amounts
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-1PLAINTIFFS’ REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C13-4593 JSW
P:\CLIENTS\BRICL\United Tile and Marble\Pleadings\Request to continue initial cmc 010714.doc

Case3:13-cv-04593-JSW Document13 Filed01/08/14 Page2 of 3

1 found due on the audit, and Plaintiffs have forwarded the documentation to Plaintiffs’ auditor for
2 review. Defendant is in the process of obtaining additional information to provide to Plaintiffs.
3

4.

Once Plaintiffs’ auditor has reviewed the documentation provided by Defendant,

4 Plaintiffs will confirm or revise amounts due to Plaintiffs.
5

5.

Accordingly, Plaintiffs respectfully request that the Case Management Conference,

6 currently scheduled for January 17, 2014, be continued for approximately sixty (60) to ninety (90)
7 days to allow time for Defendant to provide any further documentation related to the audit, and for
8 Plaintiffs’ auditors to review the documentation to confirm or revise the amounts due to Plaintiffs.
9

6.

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

10 scheduled initial Case Management Conference. In the interest of conserving costs as well as the
11 Court’s time and resources, Plaintiffs respectfully request that the Court continue the currently
12 scheduled Case Management Conference as requested above.
13

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

14 entitled action, and that the foregoing is true of my own knowledge.
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Executed this 7th day of January 2014, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

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17
By:

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19

/S/
Erica J. Russell
Attorneys for Plaintiffs

IT IS SO ORDERED.
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The currently set initial Case Management Conference is hereby continued to
April 25, 2014
11:00 a.m.
__________________________ at __________________, and all previously set deadlines and
dates related to this case are continued accordingly.
January 8, 2014
Date: ____________________

_________________________________________
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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-2PLAINTIFFS’ REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C13-4593 JSW
P:\CLIENTS\BRICL\United Tile and Marble\Pleadings\Request to continue initial cmc 010714.doc