District Council 16 Northern California Health and Welfare Trust Fund, and its Joint Board of Trustees et al v. Techno Coatings, Inc.

Filing 31

ORDER RE 26 PLAINTIFFS REQUEST TO VACATE, OR ALTERNATIVELY CONTINUE, CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 6/9/2016 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 3/17/16. (cl, COURT STAFF) (Filed on 3/17/2016) Modified on 3/18/2016 (cl, COURT STAFF).

1 Michele R. Stafford, Esq. (SBN 172509)
Timothy A. Froehle, Esq. (SBN 265168)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8
UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
DISTRICT COUNCIL 16 NORTHERN
11 CALIFORNIA HEALTH AND WELFARE
TRUST FUND, et al.,
12
Plaintiffs,
13
v.

Case No.: C15-03946 RS

14 TECHNO COATINGS, INC., a California
15 corporation,

Date: March 24, 2016
Time: 10:00 a.m.
Ctrm: 3, 17th Floor
450 Golden Gate Ave.
San Francisco, CA 94102
Judge: The Honorable Richard Seeborg

16

Defendant.

PLAINTIFFS’ REQUEST TO VACATE,
OR ALTERNATIVELY CONTINUE, CASE
MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON

17
18

Plaintiffs respectfully request that the Case Management Conference scheduled for March

19 24, 2016, at 10:00 a.m., be vacated, or in the alternative continued to the date and time of the
20 hearing on Plaintiffs’ Motion for Default Judgment, filed concurrently herewith. Good cause to
21 vacate the Case Management Conference exists as follows:
22

1.

As the Court’s records will reflect, this action was filed on August 28, 2015 (Dkt.

23 #1). Defendant was personally served on September 15, 2015, and a Proof of Service of Summons
24 was filed with the Court on October 1, 2015 (Dkt. #12).
25

2.

Defendant failed to plead or otherwise respond to the lawsuit, and the Clerk entered

26 default as to Defendant on November 27, 2015 (Dkt. #15).
27

3.

As Defendant has failed and refused to comply with its obligations to Plaintiffs,

28 Plaintiffs are filing their Motion for Default Judgment against Defendant concurrently with this
-1PLAINTIFFS’ REQUEST TO VACATE, OR ALTERNATIVELY CONTINUE, CASE MANAGEMENT
CONFERENCE; and [PROPOSED] ORDER THEREON
Case No.: C15-03946 RS
P:\CLIENTS\PATCL\Techno Coatings, Inc\Pleadings\Request to Vacate or Continue CMC.doc

1 Request to Vacate the Case Management Conference. Accordingly, there are no issues that need to
2 be addressed by this Court at the currently scheduled Case Management Conference. In the
3 interest of conserving costs as well as the Court’s time and resources, Plaintiffs respectfully
4 request that the Court vacate the currently scheduled Case Management Conference, or in the
5 alternative continue the currently scheduled Case Management Conference to the date and time of
6 the hearing on Plaintiffs’ Motion for Default Judgment.
7

4.

Plaintiffs recognize that a case management conference statement is due seven days

8 in advance of the case management conference date and that the statement must include all
9 elements requested in the “Standing Order for All Judges of the Northern District of California –
10 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
11 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
12
13 Dated: March 16, 2016

SALTZMAN & JOHNSON
LAW CORPORATION

14
By:

15
16

/S/
Michele R. Stafford
Attorneys for Plaintiffs

17 IT IS SO ORDERED.
18

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
Management Conference is hereby VACATED, or in the alternative, CONTINUED to
19
__________________________.
6/9/16 at 10:00 a.m.
20
3/17/16
Date: ____________________
_________________________________________
21
THE HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT COURT JUDGE
22
23
24
25
26
27
28

PROOF OF SERVICE

-2PLAINTIFFS’ REQUEST TO VACATE, OR ALTERNATIVELY CONTINUE, CASE MANAGEMENT
CONFERENCE; and [PROPOSED] ORDER THEREON
Case No.: C15-03946 RS
P:\CLIENTS\PATCL\Techno Coatings, Inc\Pleadings\Request to Vacate or Continue CMC.doc