Boards of Trustees of the Sheet Metal Workers Local 104 Health Care Trust et al v. Aeolian Mechanical, Inc.

Filing 22

ORDER re 21 MOTION to Continue Case Management Conference. Case Management Statement due by 8/4/2015. Case Management Conference set for 8/11/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 06/02/2015. (jmdS, COURT STAFF) (Filed on 6/2/2015)

Michele R. Stafford, Esq. (SBN 172509)
1 Adrian L. Canzoneri, Esq. (SBN 265168)
SALTZMAN & JOHNSON LAW CORPORATION
2 44 Montgomery Street, Suite 2110
San Francisco, CA 94104
3 [phone]
[phone] – Facsimile
4 [e-mail]
[e-mail]
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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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BOARDS OF TRUSTEES OF THE SHEET
11 METAL WORKERS LOCAL 104 HEALTH
CARE TRUST, et al.,
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Plaintiffs,
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v.
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AEOLIAN MECHANICAL, INC., a dissolved
15 California corporation.
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Defendant.

Case No.: C14-5434 WHO
PLAINTIFFS’ REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
ORDER THEREON
Date:
Time:
Location:
Courtroom:
Judge:

June 9, 2015
2:00 p.m.
450 Golden Gate Ave.
San Francisco
12, 19th Floor
Honorable William H. Orrick

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

19 for June 9, 2015, be continued for approximately sixty (60) days. Good cause exists for the granting
20 of the continuance, as follows:
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1.

As the Court’s records will reflect, this action was filed on December 12, 2014.

22 Defendant was served, via substitute service, on December 27, 2014. Plaintiffs filed a Proof of
23 Service of Summons with the Court on January 12, 2015 (Dkt. #11). Defendant failed to plead or
24 otherwise respond to the lawsuit, and the Clerk entered default as to Defendant on February 18,
25 2015 (Dkt. #13). Defendant was duly served with a copy of the Clerk’s Notice of Default Entry, and
26 a Proof of Service of same was filed with the Court on February 23, 2015 (Dkt. #14).
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-1PLAINTIFFS’ REQUEST TO CONTINUE CMC; ORDER THEREON
Case No.: C14-5434 WHO
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2.

Plaintiffs filed an initial request to continue the case management conference on

2 February 27, 2015 (Dkt. #16). The previous request was based on the fact that Defendant had
3 scheduled the requested audit of its payroll records, that the audit was conducted, and that the final
4 audit report was being prepared and finalized by Plaintiffs’ auditors.
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3.

The audit report has since been finalized and issued to Defendant. Now that the

6 report is complete, the parties are in further discussions to resolve this matter without the need for
7 further litigation. Defendant has submitted additional documents to Plaintiffs in furtherance of their
8 efforts to resolve the matter. Plaintiffs are in the process of reviewing and evaluating those
9 documents. The parties are working diligently to resolve this matter without the need for further
10 litigation.
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4.

There are no issues that need to be addressed by the parties at the currently scheduled

12 Case Management Conference. In the interest of conserving costs, as well as the Court’s time and
13 resources, Plaintiffs respectfully request that the upcoming Case Management Conference be
14 continued for approximately sixty (60) days, to allow sufficient time for the parties to continue their
15 attempts to resolve this matter without the need for further litigation.
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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.
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Dated: June 2, 2015

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/S/
Adrian L. Canzoneri
Attorneys for Plaintiffs

23 PURSUANT TO STIPULATION,
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The currently set Case Management Conference is hereby continued from June 9, 2015 until

25 August 11, 2015 at 2:00 pm. The parties shall file a Joint Case Management Statement on or before
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-2PLAINTIFFS’ REQUEST TO CONTINUE CMC; ORDER THEREON
Case No.: C14-5434 WHO
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1 August 4, 2015, updating the Court on the status of this matter.
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IT IS SO ORDERED.
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Date: June 2, 2015

_________________________________________
UNITED STATES DISTRICT COURT JUDGE

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-3PLAINTIFFS’ REQUEST TO CONTINUE CMC; ORDER THEREON
Case No.: C14-5434 WHO
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