Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. J.F. McCray Plastering, Inc.

Filing 19

ORDER: Initial Case Management Conference set for 5/23/14 is continued to 8/22/2014 02:30 PM in Courtroom 10, 19th Floor, San Francisco. Signed by Judge Susan Illston on 5/13/14. Signed by Judge Susan Illston on 5/13/14. (tfS, COURT STAFF) (Filed on 5/14/2014)

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

10 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.
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Plaintiffs,
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v.
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J.F. McCRAY PLASTERING, INC., a
14 California Corporation,
15

Defendant.

Case No.: C14-0604 SI
PLAINTIFFS’ REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
Date: May 23, 2014
Time: 2:30 p.m,
Dept.: Courtroom 10, 19th Floor, San
Francisco, CA
Judge: Honorable Susan Illston

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Plaintiffs herein respectfully request that the Case Management Conference, currently on

18 calendar for May 23, 2014 be continued for approximately ninety (90) days. Good cause exists for
19 the continuance, as follows:
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1.

As the Court’s records will reflect, this action was filed on February 7, 2014 to

21 collect unpaid contributions and related amounts owed to Plaintiffs for work performed by
22 Defendant’s employees.
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2.

Defendant was served with the Complaint on March 12, 2014, and a Proof of

24 Service of Summons was filed with the Court on March 31, 2014. Defendant failed to plead or
25 otherwise respond to the lawsuit, and the Clerk entered Defendant’s default on April 7, 2014.
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3.

Plaintiffs will make a final attempt to resolve this matter informally with

27 Defendant. If the parties are unable to come to an agreement, Plaintiffs anticipate filing a Motion
28 for Default Judgment.
--1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
No.: C14-0604 SI
P:\CLIENTS\PATCL\J.F. McCray Plastering 2\Pleadings\request to continue cmc 051214.doc

4.

1

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

2 scheduled Case Management Conference. In the interest of conserving costs, as well as the
3 Court’s time and resources, Plaintiffs respectfully request that the Case Management Conference,
4 currently scheduled for May 23, 2014, be continued for approximately ninety (90) days to allow
5 sufficient time for the parties to resolve this matter informally, or if it decided that such an
6 informal resolution is unlikely, for Plaintiffs to prepare and file a Motion for Default Judgment.
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

7

8 entitled action, and that the foregoing is true of my own knowledge.
Executed this 13th day of May, 2014, at San Francisco, California.

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SALTZMAN & JOHNSON
LAW CORPORATION

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By:
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/S/
Muriel B. Kaplan
Attorney for Plaintiffs

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14 IT IS SO ORDERED.
15 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management
Aug.22, 2014
2:30 pm.
16 Conference is hereby continued to ___________, at _________. All related deadlines are extended

17 accordingly
18 Date:
19

5/13/14

UNITED STATES DISTRICT JUDGE

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--2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
No.: C14-0604 SI
P:\CLIENTS\PATCL\J.F. McCray Plastering 2\Pleadings\request to continue cmc 051214.doc

1

PROOF OF SERVICE

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 May 13, 2014, I served the following document(s):

8

PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON

9
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.
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19

4.

The envelopes were addressed and mailed as follows:
J.F. McCray Plastering, Inc.
2590 South River Road
West Sacramento, CA 25691

I declare under penalty of perjury that the foregoing is true and correct and that this

20 declaration was executed on May 13, 2014, at San Francisco, California.
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/S/
Alicia Rutkowski
Paralegal

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-1PROOF OF SERVICE
No.: C14-0604 SI
P:\CLIENTS\PATCL\J.F. McCray Plastering 2\Pleadings\request to continue cmc 051214.doc