Russell E. Burns et al v. Backhoe Dispatch 24/7, Inc. et al

Filing 17

ORDER GRANTING 16 MOTION to Continue Plaintiffs' Request for Continuance of Case Management Conference. Case Management Statement due by 1/16/2015. Initial Case Management Conference set for 1/26/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 11/17/2014. (tmi, COURT STAFF) (Filed on 11/18/2014)

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
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

11 RUSSELL E. BURNS, et al.,
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Plaintiffs,

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v.

PLAINTIFFS’ REQUEST FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON

14 BACKHOE DISPATCH 24/7, INC., a
California Corporation; DAVID JOHN
15 HOURIGAN, an Individual,
16

Case No.: C14-3687 TEH

Defendants.

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Date: Monday, November 24, 2014
Time: 1:30 p.m.
Ctrm: 2, 19th Floor
450 Golden Gate Ave.
San Francisco, California
Judge: The Honorable Thelton E.
Henderson

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Plaintiffs respectfully request that the Case Management Conference scheduled for

20 November 24, 2014, at 1:30 p.m., be continued for approximately sixty (60) days, as follows:
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1.

As the Court’s records will reflect, this action was filed on August 14, 2014 to

22 compel Defendants to comply with the terms of their Collective Bargaining Agreement.
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2.

Defendants were personally served with the Complaint on October 1, 2014. A

24 Proof of Service of Summons was filed with the Court on October 8, 2014.
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3.

Defendants failed to file responsive pleadings to Plaintiffs’ complaint by their

26 deadline. On October 30, 2014, Plaintiffs filed a Request for Entry of Default, and default was
27 entered by the Court on October 31, 2014.
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-1REQUEST TO CONTINUE CMC
Case No.: C14-3687 TEH
P:\CLIENTS\OE3CL\Backhoe Dispatch 247 Inc\Pleadings\request to continue cmc 111314.docx

4.

1

Defendants have failed to pay contributions for hours worked by their employees

2 during month of August 2013, and have failed to report and pay contributions for hours worked by
3 the employees during the month of February 2014, and during the period from April through
4 September 2014 Liquidated damages and interest have been incurred and are owing for the
5 unpaid contributions for the above months, as well as on other prior late-paid contributions for the
6 months of May, July, and December 2013, and January 2014.
5.

7

Plaintiffs will make one final attempt to resolve this matter informally with

8 Defendants. If the parties fail to resolve this matter informally, Plaintiffs anticipate filing a Motion
9 for Default Judgment against Defendants.
6.

10

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

11 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
12 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
13 Case Management Conference for approximately sixty (60) days, to allow for sufficient time for
14 Plaintiffs to attempt to resolve this matter informally with Defendants.
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-2REQUEST TO CONTINUE CMC
Case No.: C14-3687 TEH
P:\CLIENTS\OE3CL\Backhoe Dispatch 247 Inc\Pleadings\request to continue cmc 111314.docx

1

7.

Plaintiffs recognize that a case management conference statement is due seven days

2 in advance of the case management conference date and that the statement must include all
3 elements requested in the “Standing Order for All Judges of the Northern District of California –
4 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
5 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
6 Dated: November 13, 2014

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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9

/S/
Michele R. Stafford
Attorneys for Plaintiffs

10 IT IS SO ORDERED.
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J

RT

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elton E
udge Th

rson

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. Hende

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LI

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R NIA

_________________________________________
THE HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT COURT

UNIT
ED

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C

TA

RT
U
O

11/17/2014
14 Date: ____________________

S

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
Management Conference is hereby continued to 1/26/2015, at 1:30 pm and all related deadlines are
_______________,
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extended accordingly.
S DISTRICT
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D IS T IC T O
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-3REQUEST TO CONTINUE CMC
Case No.: C14-3687 TEH
P:\CLIENTS\OE3CL\Backhoe Dispatch 247 Inc\Pleadings\request to continue cmc 111314.docx