Burns et al v. G.R. Clark, Inc. et al

Filing 20

Order by Hon. Vince Chhabria granting 19 Motion to Continue to Case Management Conference and Related Deadlines.(knm, COURT STAFF) (Filed on 4/23/2015)

1 Michele R. Stafford, Esq. (SBN 172509)
Adrian L. Canzoneri, Esq. (SBN 265168)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7 Jeffrey S. Kaufman, Esq. (SBN 122569)
Susan E. Bishop, Esq. (SBN 187253)
8 BERLINER COHEN
Ten Almaden Blvd., 11th Floor
9 San Jose, CA 95113
[phone]
10 [phone] – Facsimile
[e-mail]
11 [e-mail]
12 Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RUSSELL E. BURNS, et al.,

Case No.: 3:15-cv-00385-VC

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Plaintiffs,
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v.
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G.R. CLARK, INC., a California corporation;
19 GORDON RAYMOND CLARK, an
Individual; and DENNIS GORDON CLARK,
20 an Individual,
21

Defendants.

JOINT STIPULATION TO CONTINUE
INITIAL CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
THEREON
Date: April 28, 2015
Time: 2:30 p.m.
Dept.: Courtroom 4, 17th Floor
450 Golden Gate Ave.
San Francisco, CA
Judge: Honorable Vince Chhabria

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Plaintiffs and Defendants, by and through their respective counsel of record, hereby

24 respectfully request that the Initial Case Management Conference, currently scheduled for April
25 28, 2015, be continued for approximately forty-five (45) days, or as soon thereafter as may be
26 convenient for the Court. GOOD CAUSE exists for the requested continuance as follows:
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1.

As the Court’s records will reflect, this action was filed by Plaintiffs on January 27,

28 2015 [Dkt. No. 1] to compel Defendants’ compliance with its obligations to pay monthly
-1JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
CASE NO.: C15-00385 VC

P:\CLIENTS\OE3CL\GR Clark\Pleadings\Complaint\Joint Request to Continue Initial Case Management Conference_42115.doc

1 employee contributions to Plaintiffs, along with payment of amounts found due in an audit
2 inspection of Defendants’ payroll records, pursuant to Defendants’ Collective Bargaining
3 Agreement.
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2.

Defendants filed an Answer to the Complaint on February 25, 2015 [Dkt. No. 14].

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3.

Counsel for both Plaintiffs and Defendants are currently engaged in preliminary

6 discussions towards potential resolution of this matter.
4.

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The parties have an ADR Phone Conference with the Court’s Alternative Dispute

8 Resolution Program scheduled for April 22, 2015 [Dkt. No. 17].
5.

9

The parties jointly request a continuance of the Case Management Conference so as

10 to allow the parties to further facilitate settlement of this matter, as both parties desire to resolve
11 this matter without the need for further litigation.
6.

12

This is the first such request made by either party to this matter.

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-2JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
CASE NO.: C15-00385 VC

P:\CLIENTS\OE3CL\GR Clark\Pleadings\Complaint\Joint Request to Continue Initial Case Management Conference_42115.doc

1

7.

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

2 scheduled Initial Case Management Conference. In the interest of conserving costs, as well as the
3 Court’s time and resources, Plaintiffs and Defendants jointly and respectfully request that the
4 Initial Case Management Conference, currently scheduled for April 28, 2015, be continued for
5 approximately forty-five (45) days, to allow sufficient time for the parties to continue their
6 attempts to resolve this matter outside of litigation.
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8

SO STIPULATED.

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Dated: April 21, 2015

SALTZMAN & JOHNSON
LAW CORPORATION

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By:
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Dated: April 21, 2015

___________/S/______________
Adrian L. Canzoneri
Attorney for Plaintiffs
BERLINER COHEN

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By:

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17

___________/S/______________
Susan E. Bishop,
Attorney for Defendants

18 IT IS SO ORDERED.
19 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Initial Case
10:00 a.m.
June 16, 2015
20 Management Conference is hereby continued to ___________, at _________. All related
21 deadlines are extended accordingly.
April 23, 2015
22 Date: ___________________

___________________________________
UNITED STATES DISTRICT JUDGE

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-3JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
CASE NO.: C15-00385 VC

P:\CLIENTS\OE3CL\GR Clark\Pleadings\Complaint\Joint Request to Continue Initial Case Management Conference_42115.doc