Operating Engineers Health And Welfare Trust Fund For Northern California; Russell E. Burns and Richard Piombo, as Trustees et al v. Ross Island Sand & Gravel Co.

Filing 16

ORDER Granting 15 MOTION to Continue Case Management Conference. Case Management Statement due by 6/29/2015. Initial Case Management Conference set for 7/6/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/21/2015. (tmiS, COURT STAFF) (Filed on 4/22/2015)

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SALTZMAN & JOHNSON LAW CORPORATION
Michele R. Stafford, Esq. (SBN 172509)
Shivani Nanda, Esq. (SBN 253891)
44 Montgomery Street, Suite 2110
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs, Russell E. Burns, et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUSSELL E. BURNS, et al.,

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Case No. C15-0229 TEH

Plaintiffs,

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

v.
ROSS ISLAND SAND & GRAVEL CO, a
California Corporation aka ROSS ISLAND, INC.,
Defendant.

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Date:
Time:
Location:
Courtroom:
Judge:

April 27, 2015
1:30 p.m.
450 Golden Gate Ave.
12 (19th Floor)
Hon. Thelton E. Henderson

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

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April 27, 2015, be continued for approximately sixty to ninety days. Good cause exists for the granting

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of the continuance, as follows:

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1.

As the Court’s records will reflect, this action was filed on January 15, 2015 (Dkt. #1).

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Defendant was personally served on March 9, 2015, and a Proof of Service of Summons was filed with

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the Court on March 12, 2015 (Dkt. #11). Defendant failed to plead or otherwise respond to the lawsuit,

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and the Clerk entered default as to Defendant on April 1, 2015 (Dkt. #13). Defendant was duly served

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with a copy of the Clerk’s Notice of Default Entry, and a Proof of Service of same was filed with the

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Court on April 2, 2015 (Dkt. #14).

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2.

Since then, the parties have been in contact to attempt to resolve this matter without the

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need for further litigation. On or about April 13, 2015, Defendant advised Plaintiffs’ counsel that a

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partial payment was “en route” to Plaintiffs, and requested a payment plan to satisfy the remaining
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PLAINTIFFS’ REQUEST TO CONTINUE CMC; PROPOSED ORDER THEREON
Case No. C15-0229 TEH
P:\CLIENTS\OE3CL\Ross Island Sand and Gravel 2\Pleadings\C15-0229 TEH RTC CMC with POS 041615.docx

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amounts due to Plaintiffs. Upon receipt of additional contribution reports from Defendant, Plaintiffs

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intend to prepare and sent to Defendant a proposed Judgment Pursuant to Stipulation providing for a

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payment plan to allow Defendant to satisfy its debt to Plaintiff Trust Funds by making monthly

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payments.

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3.

Should Defendant fail to either execute a Judgment Pursuant to Stipulation or submit

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payment in full of the amounts due to Plaintiffs, Plaintiffs anticipate preparing a Motion for Default

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Judgment for filing with the Court.

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4.

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

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Case Management Conference. In the interest of conserving costs, as well as the Court’s time and

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resources, Plaintiffs respectfully request that the upcoming Case Management Conference be continued

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for approximately sixty to ninety days, to allow sufficient time for the parties to attempt to settle this

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matter without further litigation.

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I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above entitled

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action, and that the foregoing is true of my own knowledge.

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DATED: April 16, 2015

SALTZMAN & JOHNSON LAW CORPORATION

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By:

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/S/
Michele R. Stafford
Attorneys for Plaintiffs, Boards of Trustees
of Sheet Metal Workers et al. Plan, et al.

IT IS SO ORDERED.
The

currently

set

Case

Management

Conference

is

hereby

continued

to

1:30 p.m.
July 6, 2015
__________________________ at __________________, and all previously set deadlines and dates

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related to this case are continued accordingly.

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04/21
DATED: _________, 2015

R NIA

UNIT
ED

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UNITED STATES DISTRICT COURT JUDGE

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PLAINTIFFS’ REQUEST TO CONTINUE CMC; PROPOSED ORDER THEREON
Case No. C15-0229 TEH
P:\CLIENTS\OE3CL\Ross Island Sand and Gravel 2\Pleadings\C15-0229 TEH RTC CMC with POS 041615.docx