District Council 16 Northern California Health and Welfare Trust Fund et al v. Pete Chacon Construction, Inc. et al

Filing 16

ORDER granting 15 MOTION to Continue CASE MANAGEMENT CONFERENCE - Case Management Statement due by 5/9/2017. Case Management Conference continued to 5/16/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 02/21/2017. (jmdS, COURT STAFF) (Filed on 2/21/2017)

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Michele R. Stafford, Esq. (SBN 172509)
Edward D. Winchester (SBN 271500)
SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs, District Council 16 Northern
California Health and Welfare Trust Fund, et al.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DISTRICT COUNCIL 16 NORTHERN
CALIFORNIA HEALTH AND WELFARE
TRUST FUND, et al.,

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Case No. C16-6730 WHO
PLAINTIFFS’ REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
ORDER THEREON

Plaintiffs,
v.

Date:
Time:
Location:

PETE CHACON CONSTRUCTION, INC., a
dissolved California corporation, et al.,
Defendants.

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Judge:

February 28, 2017
2:00 p.m.
Ctrm. 2 – 17th Fl.
450 Golden Gate Ave.
San Francisco, CA 94102
Hon. William H. Orrick x

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

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February 28, 2017, be continued for approximately 60-90 days. Good cause exists for the granting of the

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continuance, as follows:

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1.

As the Court’s records will reflect, this action was filed on November 21, 2016.

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2.

Defendants were personally served on January 10, 2017 and January 11, 2017. The Proof

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of Service of Summons was filed with the Court on January 23, 2017 (Dkt. #11).
3.

Defendants failed to plead or otherwise respond to the lawsuit. Plaintiffs filed a Request

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for Entry of Default on February 13, 2017 (Dkt. #13). The Clerk entered the default on February 15,

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2017. (Dkt. # 14.)

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PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER THEREON
Case No. C16-6730 WHO \\candsf.cand.circ9.dcn\data\Users\WHOALL\_CV\2016\2016_06730_District_Council_16_Northern_California_Health_and_v_Pete_Chacon_Construction_
Inc\16-cv-06730-WHO-Proposed_Order_to_Continue_CMC.docx

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4.

Attempts to resolve this matter with counsel representing Defendants have so far been

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unsuccessful, although liability is not believed to be disputed. Accordingly, Plaintiffs respectfully

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request that the Case Management Conference, currently scheduled for February 28, 2017, be continued

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for 60-90 days, to allow sufficient time for Plaintiffs to prepare and file a Motion for Default Judgment

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against Defendants.

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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 Court continue the currently scheduled Case

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Management Conference.

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I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above entitled
action, and that the foregoing is true of my own knowledge.
Executed this 17th day of February, 2017, at San Francisco, California.

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SALTZMAN & JOHNSON LAW CORPORATION

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By:

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/S/
Edward D. Winchester
Attorneys for Plaintiffs, District Council 16 Northern
California Health and Welfare Trust Fund, et al..

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IT IS SO ORDERED.

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The currently set Case Management Conference is hereby continued to May 16, 2017 at 2:00

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p.m., and all previously set deadlines and dates related to this case are continued accordingly. Plaintiffs

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shall file the Motion for Default Judgment within 30 days of the date of this Order.

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DATED: February 21, 2017

THE HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT COURT

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PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER THEREON
Case No. C16-6730 WHO \\candsf.cand.circ9.dcn\data\Users\WHOALL\_CV\2016\2016_06730_District_Council_16_Northern_California_Health_and_v_Pete_Chacon_Construction_
Inc\16-cv-06730-WHO-Proposed_Order_to_Continue_CMC.docx