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

Filing 22

ORDER: Initial Case Management Conference set for 8/22/14 is continued to 11/14/2014 02:30 PM in Courtroom 10, 19th Floor, San Francisco. Signed by Judge Susan Illston on 8/18/14., Motions terminated: 21 MOTION to Continue Plaintiffs& #039; Request to Continue Case Management Conference; Proposed Order Thereon filed by Marion Bourboulis, John Maggiore, Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees, District Council 16 Northern Californi a Health and Welfare Trust Fund, and its Joint Board of Trustees, District Council 16 of the International Union of Painters and Allied Trades, District Council 16 Northern California Apprentice and Journeyman Training Trust Fund, and its Joint Board of Trustees, Chris Christopherson, Les Proteau. (tfS, COURT STAFF) (Filed on 8/18/2014)

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

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11 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.
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Plaintiffs,
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v.
14
J.F. McCRAY PLASTERING, INC., a
15 California Corporation,
16

Defendant.

Case No.: C14-0604 SI
PLAINTIFFS’ REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
Date: August 22, 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

19 calendar for August 22, 2014 be continued for approximately sixty (60) days. Good cause exists
20 for 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

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

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

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

The Court continued the previously scheduled Case Management Conference to

28 allow time for the parties to attempt to resolve this matter informally.
--1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
No.: C14-0604 SI
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4.

Since then, based on information provided by Defendant, Plaintiffs have collected

2 payments for some of Defendant’s delinquent contributions directly from general contractors, and
3 additional payments are expected based on releases issued for specified amounts.
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5.

Plaintiffs also became aware that Defendant may have a valid Wage and Fringe

5 Benefit Responsibility Bond for the delinquent time period. Plaintiffs made a claim on that bond
6 and are awaiting a response from the surety.
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6.

Plaintiffs’ counsel anticipates being able to collect Defendant’s remaining

8 delinquent contributions from either general contractors and/or the surety.
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7.

In the event Plaintiffs have not collected any portion of Defendant’s delinquent

10 contributions from other sources within thirty (30) days, Plaintiffs will make a final request to
11 Defendant for its payment of the remaining contributions due, as well as the other amounts due to
12 Plaintiffs, including attorneys’ fees and costs, liquidated damages, and interest on the delinquent
13 contributions. Should Defendant fail to remit either payment to Plaintiffs by the requested date,
14 Plaintiffs will prepare and file a Motion for Default Judgment with the Court.
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8.

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

16 scheduled Case Management Conference. In the interest of conserving costs, as well as the Court’s
17 time and resources, Plaintiffs respectfully request that the Case Management Conference be
18 continued for approximately sixty (60) days to allow sufficient time for the parties to resolve this
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--2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
No.: C14-0604 SI
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1 matter informally, for Plaintiffs to otherwise 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

2

3 entitled action, and that the foregoing is true of my own knowledge.
Executed this 15th day of August, 2014, at San Francisco, California.

4

SALTZMAN & JOHNSON
LAW CORPORATION

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6
By:
7

/S/
Muriel B. Kaplan
Attorney for Plaintiffs

8 IT IS SO ORDERED.
9 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management
11/14/14
2:30 pm
10 Conference is hereby continued to ___________, at _________. All related deadlines are extended
11 accordingly
12
13 Date:
14

8/18/14
UNITED STATES DISTRICT JUDGE

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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 August 15, 2014, I served the following document(s):

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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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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 August 15, 2014, at San Francisco, California.
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/S/
Elise Cotterill
Paralegal

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-1PROOF OF SERVICE
No.: C14-0604 SI
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