Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. Di Girolamo Painting and Decorating, Inc.

Filing 15

ORDER granting 14 MOTION to Continue Plaintiffs' Request to Continue Case Management Conference. Case Management Statement due by 11/10/2014. Initial Case Management Conference set for 11/17/2014 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 09/02/2014. (tmi, COURT STAFF) (Filed on 9/2/2014)

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] – Phone
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8
9

UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
12
Plaintiffs,
13
v.
14
15 DI GIROLAMO PAINTING AND
DECORATING, INC.,
16
DEFENDANT.
17

Case No.: C14-02362-TEH
PLAINTIFFS’ REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
Date: September 8, 2014
Time: 1:30 p.m.
Dept.: Courtroom 12, 19th Floor, San
Francisco, CA
Judge: Honorable Thelton E. Henderson

18
Plaintiffs herein respectfully request that the Case Management Conference, currently on
19
calendar for September 8, 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 May 21, 2014 to collect

22
unpaid contributions and related amounts owed to Plaintiffs for work performed by Defendants’
23
employees, pursuant to the Collective Bargaining Agreement.
24
2.

Plaintiffs had difficulties locating Defendant to effectuate service. After numerous

25
attempts, Defendant was served with the Complaint on August 15, 2014 and a Proof of Service of
26
Summons was filed with the Court on August 22, 2014.
27
3.
28

Defendant’s Responsive Pleading deadline is September 5, 2014.
-1PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C14-02362-TEH

P:\CLIENTS\PATCL\Di Girolamo Painting 4\Pleadings\Request to Continue CMC 082814.docx

1

4.

In the interest of conserving costs as well as the Court’s time and resources,

2 Plaintiffs respectfully request that the Court continue the currently scheduled Case Management
3 Conference for approximately sixty (60) days to allow sufficient time for the Defendant to respond
4 to Plaintiffs’ Complaint and for the parties to attempt to resolve the matter informally.
5

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

6 entitled action, and that the foregoing is true of my own knowledge.
Executed this 28th day of August, 2014, at San Francisco, California.

7
8

SALTZMAN & JOHNSON
LAW CORPORATION

9

By: /s/
Erica J. Russell
Attorneys for Plaintiffs

10
11
12 IT IS SO ORDERED.

13 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management
1:30 PM
11/17/2014
14 Conference is hereby continued to ___________, at _________. All related deadlines are extended

Date:

09/02/2014

19

H

ER

LI

RT

Judge T

20

FO

son
. Hender
helton E

NO

18

R NIA

UNITED STATES MAGISTRATE JUDGE

A

17

UNIT
ED

16

ISTRIC
ES D
TC
AT
T

RT
U
O

S

15 accordingly.

N

F
D IS T IC T O
R

C

21
22
23
24
25
26
27
28

-2PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C14-02362-TEH
P:\CLIENTS\PATCL\Di Girolamo Painting 4\Pleadings\Request to Continue CMC 082814.docx