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

Filing 21

ORDER Granting 20 MOTION to Continue Case Management Conference; Proposed Order Thereon. Case Management Statement due by 3/30/2015. Initial Case Management Conference reset for 4/6/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/27/2015. (tmi, COURT STAFF) (Filed on 1/27/2015)

1 Michele R. Stafford, Esq. (SBN 172509)
Adrian L. Canzoneri, Esq. (SBN 265168)
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
UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10

BAY AREA PAINTERS AND TAPERS
11 PENSION TRUST FUND, et al.,

Case No.: C14-02362-TEH

12

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

13

Plaintiffs,
v.

14
DI GIROLAMO PAINTING AND
15 DECORATING, INC.,
16

Date: February 2, 2015
Time: 1:30 p.m.
Dept.: Courtroom 12, 19th Floor, San
Francisco, CA
Judge: Honorable Thelton E. Henderson

DEFENDANT.

17
18

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

19 calendar for February 2, 2015, be continued for at least forty-five (45) days to coincide with the
20 hearing on Plaintiffs’ Motion for Default Judgment, or as soon thereafter as the Court may deem
21 practicable. Good cause exists for the continuance, as follows:
22

1.

As the Court’s records will reflect, this action was filed on May 21, 2014 to collect

23 unpaid contributions and related amounts owed to Plaintiffs for work performed by Defendants’
24 employees, pursuant to the Collective Bargaining Agreement.
25

2.

Plaintiffs had difficulties locating Defendant to effectuate service. After numerous

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

-1PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C14-02362-TEH
P:\CLIENTS\PATCL\Di Girolamo Painting 4\Pleadings\3d Request to Continue CMC 12615.docx

1

3.

Defendant’s Responsive Pleading deadline was September 5, 2014.

2

4.

Plaintiffs requested and were granted entry of default on September 16, 2014 as

3 Defendants failed to file a response to the Complaint within the time permitted.
4

5.

Following entry of Default, Plaintiffs’ counsel sent one final demand to Defendant

5 and further attempted to resolve the matter informally. Plaintiffs were unable to informally
6 resolve the matter.
7

6.

Plaintiffs are now finalizing a Motion for Default Judgment, along with the

8 necessary supporting declarations and exhibits. Plaintiffs will be filing the Motion for Default
9 Judgment, and supporting documents, prior to the scheduled February 2, 2015 Case Management
10 Conference. Plaintiffs’ intend to notice their Motion for Default Judgment for hearing on March
11 16, 2015, in Courtroom 2 of the above-captioned Court.
12

7.

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

13 Plaintiffs respectfully request that the Court continue the currently scheduled Case Management
14 Conference for at least forty-five (45) days to coincide with the hearing on Plaintiffs’ Motion for
15 Default Judgment, or as soon thereafter as the Court may deem practicable.
16

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

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

Executed this 26th day of January, 2015, at San Francisco, California.

19

SALTZMAN & JOHNSON
LAW CORPORATION

20

By: /s/
Adrian L. Canzoneri
Attorneys for Plaintiffs

21
22
23 IT IS SO ORDERED.

24 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management
04/06/2015
1:30 PM
25 Conference is hereby continued to ___________, at _________. All related deadlines are extended
26 accordingly.
Date:
27
28

01/27/2015
UNITED STATES DISTRICT COURT JUDGE
-2PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C14-02362-TEH

P:\CLIENTS\PATCL\Di Girolamo Painting 4\Pleadings\3d Request to Continue CMC 12615.docx