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

Filing 20

ORDER granting 19 MOTION to Continue; Plaintiffs' Request for Continuance of Case Management Conference. Case Management Statement due by 3/23/2015. Initial Case Management Conference set for 3/30/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 01/20/2015. (tmi, COURT STAFF) (Filed on 1/20/2015)

1 Michele R. Stafford, Esq. (SBN 172509)
Shivani Nanda, Esq. (SBN 253891)
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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9

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, January 26, 2015
Time: 1:30 p.m.
Ctrm: 2, 19th Floor
450 Golden Gate Ave.
San Francisco, California
Judge: The Honorable Thelton E.
Henderson

18
19

Plaintiffs respectfully request that the Case Management Conference scheduled for

20 January 26, 2015, at 1:30 p.m., be continued for approximately sixty (60) days, as follows:
21

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.
23

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.
25

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 011515.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 November 2014. Liquidated damages and interest have been incurred and are owing for the unpaid
5 contributions for the above months, as well as on other prior late-paid contributions for the months
6 of May, July, and December 2013, and January 2014.
5.

7

On November 14, 2014, Plaintiffs requested a continuance to the Case

8 Management Conference so that they could make one final attempt to resolve this matter
9 informally with Defendants. On November 18, 2014, the Court granted Plaintiffs’ request and the
10 Case Management Conference was continued to January 26, 2015.
6.

11

Plaintiffs have been unable to resolve this matter informally with Defendants.

12 Therefore, Plaintiffs will now prepare and file a Motion for Default Judgment against Defendants.
7.

13

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

14 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
15 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled
16 Case Management Conference for approximately sixty (60) days, to allow for sufficient time for
17 Plaintiffs to prepare and file a Motion for Default Judgment against 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 011515.docx

1

8.

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: January 15, 2015

SALTZMAN & JOHNSON
LAW CORPORATION

7
By:

8
9

/S/
Michele R. Stafford
Attorneys for Plaintiffs

10 IT IS SO ORDERED.
11

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
Management Conference is hereby continued to _______________, and all related deadlines are
03/30/2015
12
extended accordingly.
13
S DISTRIC

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Judge T

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_________________________________________
THE HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT COURT
UNIT
ED

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TC

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14 Date: ____________________
01/20/2015

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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 011515.docx