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

Filing 28

ORDER granting 27 MOTION to Vacate Case Management Conference. Signed by Judge Thelton E. Henderson on 03/19/2015. (tmi, COURT STAFF) (Filed on 3/19/2015)

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
7
8
9

UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11 RUSSELL E. BURNS, et al.,
12

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

Plaintiffs,

13

v.

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

Case No.: C14-3687 TEH

Defendants.

17

Date: March 30, 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 March

20 30, 2015, at 1:30 p.m., be vacated. Good cause exists, 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.
28
-1REQUEST TO VACATE CMC
Case No.: C14-3687 TEH
P:\CLIENTS\OE3CL\Backhoe Dispatch 247 Inc\Pleadings\request to vacate cmc 031615.docx

1

4.

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

2 Management Conference so that they could make one final attempt to resolve this matter
3 informally with Defendants. On November 18, 2014, the Court granted Plaintiffs’ request and the
4 Case Management Conference was continued to January 26, 2015.
5

5.

On January 16, 2015, Plaintiffs requested another continuance to the Case

6 Management Conference because Plaintiffs were unable to resolve this matter informally with
7 Defendants and needed time to prepare and file a Motion for Default Judgment against
8 Defendants. On January 20, 2015, the Court granted Plaintiffs’ request, and the Case Management
9 Conference was rescheduled for March 30, 2015.
10

6.

Plaintiffs are filing their Motion for Default Judgment against Defendants

11 concurrently with this request. Accordingly, there are no issues that need to be addressed by this
12 Court at the currently scheduled Case Management Conference. In the interest of conserving costs
13 as well as the Court’s time and resources, Plaintiffs respectfully request that the Court vacate the
14 currently scheduled Case Management Conference.
15

7.

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

16 in advance of the case management conference date and that the statement must include all
17 elements requested in the “Standing Order for All Judges of the Northern District of California –
18 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
19 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
20 Dated: March 18, 2015

SALTZMAN & JOHNSON
LAW CORPORATION

21
By:

22
23

/S/
Michele R. Stafford
Attorneys for Plaintiffs

24 IT IS SO ORDERED.
25
26

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
Management Conference is hereby VACATED.

03/19/2015
27 Date: ____________________
28

_________________________________________
THE HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT COURT
-2REQUEST TO VACATE CMC
Case No.: C14-3687 TEH

P:\CLIENTS\OE3CL\Backhoe Dispatch 247 Inc\Pleadings\request to vacate cmc 031615.docx