Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. Ventura Finishing Systems

Filing 42

ORDER by Judge Haywood S. Gilliam, Jr. Granting 41 Motion for Extension of Time to File. (ndrS, COURT STAFF) (Filed on 4/13/2015)

1 Michele 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
Telephone: [phone]
4 Facsimile: [phone]
[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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10 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
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Plaintiffs,
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v.
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VENTURA FINISHING SYSTEMS, a
14 California Corporation,
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Defendant.

Case No.: C14-03364 - HSG
REQUEST FOR EXTENSION OF TIME
TO FILE PLAINTIFFS’ MOTION FOR
DEFAULT JUDGMENT; ORDER
THEREON
Current Deadline:
Proposed Deadline:
Judge:
Courtroom:

April 15, 2015
June 11, 2015
Hon. Haywood S. Gilliam
15 – 18th Floor

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TO THE COURT:

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Plaintiffs Bay Area Painters and Tapers Pension Trust Fund, et al. (“Plaintiffs”), by and

19 through their counsel, hereby respectfully request an extension of time by which to file Plaintiffs’
20 Motion for Default Judgment. GOOD CAUSE exists to grant the extension for the following
21 reasons:
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1.

As the Court records reflect, this matter came on for hearing for a scheduled Case

23 Management Conference before the Honorable Haywood S. Gilliam on March 18, 2015 in the
24 above-captioned Court. [Dkt. No. 38]. Adrian L. Canzoneri, Esq. appeared on behalf of Plaintiffs.
25 Justine Kastan, Esq., former counsel for Defendant, also appeared. There was no appearance by
26 Defendant.
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2.

At the March 18, 2015 Case Management Conference, the Court ordered Plaintiffs

28 to file their Motion for Default Judgment by April 1, 2015. [Id.].
-1PLAINTIFFS’ REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR DEFAULT JUDGMENT
Case No.: C14-03364-HSG

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3.

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On Monday, March 23, 2015, presumably after being advised by its former

2 counsel, Defendant contacted Plaintiffs’ counsel to discuss the amounts owed to Plaintiffs, in
3 addition to the documents needed by Plaintiffs to complete the audit of Defendant’s payroll
4 records. Defendant indicated his willingness to attempt to resolve this matter without the need for
5 further litigation. Plaintiffs’ counsel requested that Defendant submit the necessary additional
6 documents as soon as possible so that the complete and final amounts owed to Plaintiffs could be
7 ascertained.
4.

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Defendant has since retained new counsel for the purposes of facilitating potential

9 settlement. Defendant’s counsel contacted Plaintiffs’ counsel on April 9, 2015 to discuss potential
10 resolution of the matter without the need for further litigation. Defendant’s counsel is in the
11 process of obtaining the required documents necessary to complete the audit of Defendant’s
12 payroll records. Once those documents are received by Plaintiffs’ counsel, they will submit them
13 to Plaintiffs’ auditor to finalize the audit report.
5.

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Upon review of the Honorable Judge Gilliam’s law and motion calendar and

15 scheduling notes, the first available hearing date for Plaintiffs’ Motion for Default Judgment is
16 June 11, 2015. Thus, neither the Court nor the parties to this matter will be significantly affected
17 by the requested extension.
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6.

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As Defendant has now retained new counsel to facilitate settlement, and the parties

2 are in discussions in an attempt to resolve this matter without the need for further litigation, in the
3 interest of judicial economy and efficiency, as well as the preservation of the Court’s time and
4 resources, Plaintiffs’ respectfully request that the deadline to file the Motion for Default Judgment,
5 currently set for April 15, 2015, be extended approximately sixty (60) days to June 11, 2015.
I declare under penalty of perjury under the laws of the United States of America that the

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7 foregoing is true of my own knowledge and if called upon I could and would testify competently
8 thereto.
Executed this 10th day of April 2015, at San Francisco, California.

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/S/
Adrian L. Canzoneri

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IT IS SO ORDERED.
Based on the foregoing, and GOOD CAUSE APPEARING, the deadline for Plaintiffs to

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file their Motion for Default Judgment shall be extended by approximately sixty (60) days, up to
and including June 11, 2015.

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Date:

4/13/2015
HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES MAGISTRATE JUDGE

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-3PLAINTIFFS’ REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR DEFAULT JUDGMENT
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PROOF OF SERVICE

1
2 I, the undersigned, declare:
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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.
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2.

I am over the age of eighteen and not a party to this action.

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3.

On April 10, 2015, I served the following document(s):

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PLAINTIFFS’ REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR
DEFAULT JUDGMENT; [PROPOSED] ORDER THEREON

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on the interested parties in said action by enclosing a true and exact copy of each document

12 in a sealed envelope and placing the envelope for collection and First Class mailing following our
13 ordinary business practices. I am readily familiar with this business’ practice for collecting and
14 processing correspondence for mailing. On the same day that correspondence is placed for
15 collection and mailing, it is deposited in the ordinary course of business with the United States
16 Postal Service in a sealed envelope with postage fully prepaid.
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4.

The envelopes were addressed and mailed as follows:
Ventura Finishing Systems
45278 Industrial Drive.
Fremont, CA 94538

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on April 10, 2015, at San Francisco, California.

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/S/
Alicia Rutkowski
Paralegal

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-4PLAINTIFFS’ REQUEST FOR EXTENSION OF TIME TO FILE MOTION FOR DEFAULT JUDGMENT
Case No.: C14-03364-HSG

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