Burns v. B & B Sweeping

Filing 23

Order by Hon. Vince Chhabria granting 22 Motion to Continue Case Management Conference to November 4, 2014, at 10:00 a.m. and all related deadlines.(knm, COURT STAFF) (Filed on 9/18/2014)

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
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
11 RUSSELL E. BURNS, et al.,
12

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

Plaintiffs,

13

Case No.: C14-1798 VC

v.

14 B & B Sweeping, a California Limited Liability
Company; Brett Herring, an individual,
15
Defendants.
16

Date:
Time:
Location:
Judge:

September 23, 2014
10:00 a.m.
450 Golden Gate Avenue
San Francisco, CA 94102
Courtroom 4, 17th Floor
Honorable Vince Chhabria

17
18

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

19 for September 23, 2014, be continued for approximately forty-five (45) days. Good cause exists
20 for the granting of the continuance, as follows:
21

1.

As the Court’s records will reflect, this action was filed on April 18, 2014. The

22 Defendants were served on April 24, 2014, and Proofs of Service of Summons were filed with the
23 Court on May 2, 2014 (Dkt. #11 and #12). Defendants failed to plead or otherwise respond to the
24 lawsuit, and the Clerk entered default as to Defendants on June 25, 2014 (Dkt. #15). Defendants
25 were duly served with a copy of the Clerk’s Notice of Default Entry, and a Proof of Service of
26 same was filed with the Court on June 26, 2014 (Dkt. #16).
27 ///
28 ///
-1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C14-1798 VC
P:\CLIENTS\OE3CL\B & B Sweeping\Pleadings\Request to Continue CMC 091614.docx

2.

1

While Plaintiffs anticipated filing a Motion for Default Judgment by mid-August,

2 the parties were communicating and Plaintiffs attempted to reach an informal resolution with
3 Defendants by again offering Defendants the opportunity to enter into a payment plan for the
4 amounts owed to Plaintiffs. However, Defendants failed to enter into a payment plan, therefore
5 Plaintiffs continued their preparation of and are finalizing a Motion for Default
6 Judgment. Plaintiffs will file the Motion for Default Judgment within seven (7) days from today's
7 date.
8

3.

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

9 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
10 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
11 Case Management Conference for approximately 45 days to coincide with the hearing date of the
12 Motion for Default Judgment.
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.
15

Executed this 16th day of September 2014, at San Francisco, California.

16
SALTZMAN & JOHNSON
LAW CORPORATION

17
18
By:
19

/S/
Erica J. Russell
Attorneys for Plaintiffs

20
21 IT IS SO ORDERED.
The currently set Case Management Conference is hereby continued to
22
November 4, 2014 at ____________, and all previously set deadlines and dates related to this
10:00 a.m.
_________________
23
case are continued accordingly.
24
25 Date: ____________________
September 18, 2014
26

_________________________________________
UNITED STATES DISTRICT COURT JUDGE

27
28
-2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C14-1798 VC
P:\CLIENTS\OE3CL\B & B Sweeping\Pleadings\Request to Continue CMC 091614.docx