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 20

ORDER Continuing Case Management Conference. Case Management Statement due by 8/10/2015. Initial Case Management Conference set for 8/17/2015 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 07/01/2015. (tmiS, COURT STAFF) (Filed on 7/1/2015)

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Michele R. Stafford, Esq. (SBN 172509)
Shivani Nanda, Esq. (SBN 253891)
SALTZMAN & JOHNSON LAW CORPORATION
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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Plaintiffs,
v.
ROSS ISLAND SAND & GRAVEL CO, a
California Corporation aka ROSS ISLAND, INC.,
Defendant.

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Case No. C15-0229 TEH
PLAINTIFFS’ REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
MODIFIED
Date:
July 6, 2015
Time:
1:30 p.m.
Location:
450 Golden Gate Ave.
Courtroom:
12 (19th Floor)
Judge:
Hon. Thelton E. Henderson

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

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July 6, 2015, be continued for approximately sixty to ninety days. Good cause exists for the granting of

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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.

The Court continued the previous Case Management Conference scheduled for April 27,

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2015 to allow the parties additional time to attempt to resolve this matter without the need for further

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litigation, as Defendant had submitted a partial payment and requested a payment plan to satisfy the
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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 062615.docx

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remaining amounts due to Plaintiffs.
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Since then, Defendant provided additional contribution reports to Plaintiffs’ counsel

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showing additional amounts due. Plaintiffs’ counsel prepared and sent to Defendant a proposed

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Judgment Pursuant to Stipulation providing for a payment plan to allow Defendant to satisfy its debt to

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Plaintiff Trust Funds by making monthly payments. Defendant questioned the amount due, and

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Plaintiffs’ counsel is currently working with Defendant’s counsel to show that the amount is in fact

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correct.

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4.

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

payment in full of the amounts due to Plaintiffs, Plaintiffs anticipate preparing a Motion for Default
Judgment for filing with the Court.
5.

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: June 26, 2015

SALTZMAN & JOHNSON LAW CORPORATION

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By:

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/S/
Shivani Nanda
Attorneys for Plaintiffs, Russell E. Burns, et al.

IT IS SO ORDERED.AS MODIFIED.
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The

currently

set

Case

Management

Conference

is

hereby

continued

to

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August 17, 2015
__________________________ at __________________, and all previously set deadlines and dates
1:30 PM
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related to this case are continued accordingly. No further continuances will be granted.
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07/01
DATED: _________, 2015
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 062615.docx