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

Filing 25

ORDER, Motions terminated: 24 MOTION to Continue Plaintiffs' 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 California 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. Initial Case Management Conference set for 11/14/15 is continued to 1/23/2015 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 11/10/14. (tfS, COURT STAFF) (Filed on 11/10/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
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
7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
11 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.
12
Plaintiffs,
13
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: November 14, 2014
Time: 2:30 p.m,
Dept.: Courtroom 10, 19th Floor, San
Francisco, CA
Judge: Honorable Susan Illston

17
18

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

19 calendar for November 14, 2014 be continued for approximately sixty (60) days. Good cause
20 exists for the continuance, as follows:
21

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.
24

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.
27

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
P:\CLIENTS\PATCL\J.F. McCray Plastering 2\Pleadings\C14-0604 SI - Request to Continue CMC 110614.doc

1

4.

Plaintiffs have made several attempts to resolve this matter informally with

2 Defendant. However, Defendant has failed to respond and appears to have ceased operations.
3

5.

Plaintiffs requested payment for Defendant’s delinquent contributions directly from

4 general contractors Defendant worked for during the relevant time period and made a claim on
5 Defendant’s Wage and Fringe Benefit Responsibility Bond. Plaintiffs have received some
6 payments from the general contractors Defendant worked for and expect at least one additional
7 payment. Plaintiffs’ claim on Defendant’s bond is currently pending.
8

6.

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

9 contributions and related amounts owed to Plaintiffs from either the general contractors and/or the
10 bond, Plaintiffs may prepare and file a Motion for Default Judgment with the Court for remaining
11 amounts due.
12

7.

There are 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 Case Management Conference be
15 continued for approximately sixty (60) days to allow sufficient time for Plaintiffs to continue their
16 attempts to resolve this matter informally.
17

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

18 entitled action, and that the foregoing is true of my own knowledge.
19

Executed this 7th day of November 2014, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

20
21
By:
22

/S/
Erica J. Russell
Attorney for Plaintiffs

23 IT IS SO ORDERED.
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management
Jan 23, 2015
3:00pm
24 Conference is hereby continued to ___________, at _________. All related deadlines are extended
accordingly
25
Date:
11/10/14
26
UNITED STATES DISTRICT JUDGE
27
28
--2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
No.: C14-0604 SI
P:\CLIENTS\PATCL\J.F. McCray Plastering 2\Pleadings\C14-0604 SI - Request to Continue CMC 110614.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 November 7, 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.
16
17
18
19

4.

The envelopes were addressed and mailed as follows:
J.F. McCray Plastering, Inc.
2590 South River Road
West Sacramento, CA 95691

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

20 declaration was executed on November 7, 2014, at San Francisco, California.
21
22
23

/S/
Elise Cotterill
Paralegal

24
25
26
27
28
-1PROOF OF SERVICE
No.: C14-0604 SI
P:\CLIENTS\PATCL\J.F. McCray Plastering 2\Pleadings\C14-0604 SI - Request to Continue CMC 110614.doc