Boards of Trustees of the Sheet Metal Workers Local 104 Health Care Trust et al v. Efficient Energy Concepts, Inc.

Filing 11

ORDER GRANTING: 10 MOTION to Continue CMC. Case Management Statement due by 7/30/2015. Case Management Conference set for 8/6/2015 10:00 AM. Signed by Judge Maria-Elena James on 5/28/2015. (cdnS, COURT STAFF) (Filed on 5/28/2015)

1 Michele R. Stafford, Esq. (SBN 172509)
Shivani Nanda, Esq. (SBN 253891)
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
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10
11 BOARDS OF TRUSTEES OF THE SHEET
METAL WORKERS LOCAL 104 HEALTH
12 CARE TRUST, et al.,
Plaintiffs,

13
14

v.

15 EFFICIENT ENERGY CONCEPTS, INC., a
California corporation.
16
Defendant.
17
18

Case No.: C15-01000 MEJ
PLAINTIFFS’ REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
Date:
Time:
Location:
Courtroom:
Judge:

June 4, 2015
10:00 a.m.
450 Golden Gate Ave.
San Francisco
B, 15th Floor
Honorable Maria-Elena James

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

19 for June 4, 2015, be continued for approximately sixty days. Good cause exists for granting the
20 continuance, as follows:
21

1.

As the Court’s records will reflect, this action was filed on March 3, 2015 (Dkt. #1).

22 Defendant was personally served on March 9, 2015, and a Proof of Service of Summons was filed
23 with the Court on March 24, 2015 (Dkt. #8). Defendant has not filed a responsive pleading.
24

2.

The parties are in the process of finalizing a payment plan in the form of a Judgment

25 Pursuant to Stipulation to allow Defendant to satisfy its debt to Plaintiff Trust Funds by making
26 monthly payments. Plaintiffs anticipate filing the Judgment Pursuant to Stipulation within 30 days.
27

3.

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

28 Case Management Conference. In the interest of conserving costs, as well as the Court’s time and
-1PLAINTIFFS’ REQUEST TO CONTINUE CMC; PROPOSED ORDER THEREON
Case No.: C15-01000 MEJ
P:\CLIENTS\SHECL\Efficient Energy Concept\Pleadings\Complaint\C15-01000 MEJ - Request to Continue CMC_52715.docx

1 resources, Plaintiffs respectfully request that the upcoming Case Management Conference be
2 continued for approximately sixty days, to allow sufficient time for the parties to finalize the
3 payment plan without further litigation.
4

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

5 entitled action, and that the foregoing is true of my own knowledge.
6
7 Dated: May 28, 2015

SALTZMAN & JOHNSON
LAW CORPORATION

8
9

/S/
Shivani Nanda, Esq.
Attorneys for Plaintiffs

By:

10
11 IT IS SO ORDERED.
12

The

currently

set

Case

Management

Conference

is

hereby

continued

to

August 6, 2015
10:00 a.m.
13 __________________________ at __________________, and all previously set deadlines and dates

OO

IT IS S

18

LI

ER

A

H

21

RT

20

NO

19

ames

-Elena J

aria
Judge M

R NIA

_________________________________________
D
UNITED STATES MAGISTRATE JUDGE
RDERE

FO

17

UNIT
ED

16

May 28, 2015
Date: ____________________

S DISTRICT
TE
C
TA

RT
U
O

15

S

14 related to this case are continued accordingly.

N

F
D IS T IC T O
R

C

22
23
24
25
26
27
28
-2PLAINTIFFS’ REQUEST TO CONTINUE CMC; PROPOSED ORDER THEREON
Case No.: C15-01000 MEJ
P:\CLIENTS\SHECL\Efficient Energy Concept\Pleadings\Complaint\C15-01000 MEJ - Request to Continue CMC_52715.docx

PROOF OF SERVICE

1
2 I, the undersigned, declare:
3

1.

I am a citizen of the United States and am employed in the County of San Francisco,

4 State of California. My business address is 44 Montgomery Street, Suite 2110, San Francisco,
5 California 94104.
6

2.

I am over the age of eighteen and not a party to this action.

7

3.

On May 28, 2015, I served the following document(s):

8

PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE;

9

[PROPOSED] ORDER THEREON

10 on the interested parties in said action by enclosing a true and exact copy of each document in a
11 sealed envelope and placing the envelope for collection and First Class mailing following our
12 ordinary business practices. I am readily familiar with this business’ practice for collecting and
13 processing correspondence for mailing.

On the same day that correspondence is placed for

14 collection and mailing, it is deposited in the ordinary course of business with the United States
15 Postal Service in a sealed envelope with postage fully prepaid.
16
17
18

4.

The envelopes were addressed and mailed as follows:
Efficient Energy Concepts, Inc.
Robert Peters
7 Three Sevens Lane
Chico, CA 95973

19
20

I declare under penalty of perjury that the foregoing is true and correct and that this

21 declaration was executed on May 28, 2015, at San Francisco, California.
22
23
24

/S/
Alicia Ramirez Wood
Paralegal

Para

25
26
27
28
-1PROOF OF SERVICE
Case No.: C15-01000 MEJ
P:\CLIENTS\SHECL\Efficient Energy Concept\Pleadings\Complaint\C15-01000 MEJ - Request to Continue CMC_52715.docx