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

Filing 22

Order by Hon. Vince Chhabria granting 21 Motion to Continue the Case Management Conference.(knm, COURT STAFF) (Filed on 6/5/2015)

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, LLP
Ten Almaden Blvd., 11th Floor
9 San Jose, CA 95113
[phone]
10 [phone] – Facsimile
[e-mail]
11 [e-mail]
12 Attorneys for Defendants
13

UNITED STATES DISTRICT COURT

14

FOR THE NORTHERN DISTRICT OF CALIFORNIA

15
RUSSELL E. BURNS, et al.,

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

16
Plaintiffs,
17
v.
18
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
CASE MANAGEMENT CONFERENCE
AND TO SET MEDIATION DEADLINE;
[PROPOSED] ORDER THEREON
Date: June 16, 2015
Time: 10:00 a.m.
Dept.: Courtroom 4, 17th Floor
450 Golden Gate Ave.
San Francisco, CA
Judge: Honorable Vince Chhabria

22
23

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

24 respectfully request that the Case Management Conference, currently scheduled for June 16, 2015,
25 in the above-captioned Court, be continued for approximately ninety (90) days, or as soon
26 thereafter as may be convenient for the Court.

GOOD CAUSE exists for the requested

27 continuance as follows:
28
-1JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
CASE NO.: C15-00385 VC

P:\CLIENTS\OE3CL\GR Clark\Pleadings\Complaint\Second Joint Request to Continue Case Management Conference_60315.doc

1.

1

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

2 2015 [Dkt. No. 1] to compel Defendants’ compliance with its obligations to pay monthly
3 employee contributions to Plaintiffs, along with payment of amounts found due in an audit
4 inspection of Defendants’ payroll records, pursuant to Defendants’ Collective Bargaining
5 Agreement.
6

2.

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

7

3.

On May 15, 2015, Defendants served their first set of Requests for Production of

8 Documents (the “Requests”) on Plaintiffs. Plaintiffs are currently in the process of gathering any
9 documents responsive to Defendants’ Requests, and counsel for the parties have agreed on a
10 production date of no later than June 19, 2015.
4.

11

In addition, on June 3, 2015, counsel for the parties participated in an ADR Phone

12 Conference with Howard Herman, Director of the Court’s ADR Program.

During the

13 aforementioned ADR Conference, counsel for the parties agreed to mediate this matter by
14 September 1, 2015. This allows Defendants ample time to receive and review the documents
15 produced by Plaintiffs in response to Defendants’ Requests, and allows the parties to further their
16 discussions towards resolution of the matter outside of litigation.
5.

17

Thus, the parties jointly request a continuance of the Case Management Conference

18 so as to allow the parties to facilitate the production of documents, and to further facilitate
19 settlement of this matter, either informally or through mediation by the September 1, 2015
20 deadline. Both parties desire to resolve this matter without the need for further and unnecessary
21 litigation.
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
-2JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
CASE NO.: C15-00385 VC

P:\CLIENTS\OE3CL\GR Clark\Pleadings\Complaint\Second Joint Request to Continue Case Management Conference_60315.doc

1

6.

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

2 scheduled 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 Case
4 Management Conference, currently scheduled for June 16, 2015, be continued for approximately
5 ninety (90) days, to allow sufficient time for the parties to continue their attempts to resolve this
6 matter outside of litigation.
7
8

SO STIPULATED.

9
Dated: June 3, 2015

SALTZMAN & JOHNSON
LAW CORPORATION

10
11
By:
12
13
14

Dated: June 3, 2015

__________/S/_____________
Adrian L. Canzoneri
Attorney for Plaintiffs
BERLINER COHEN

15
By:

16
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
20 Management Conference is hereby continued to ___________, at _________. All related
21 deadlines are extended accordingly.
22 Date: ___________________

___________________________________
UNITED STATES DISTRICT JUDGE

23
24
25
26
27
28
-3JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
CASE NO.: C15-00385 VC

P:\CLIENTS\OE3CL\GR Clark\Pleadings\Complaint\Second Joint Request to Continue Case Management Conference_60315.doc

9/29/2015
June 5, 2015

10:00 AM