Operating Engineers Health And Welfare Trust Fund for Northern California et al v. JS TAYLOR CONSTRUCTION, INC., a California Corporation et al

Filing 15

STIPULATION AND ORDER resetting CMC. Case Management Statement due by 8/16/2018. Initial Case Management Conference set for 8/23/2018 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 5/15/18. (bpfS, COURT STAFF) (Filed on 5/15/2018)

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1 2 3 4 5 6 Michele R. Stafford, Esq. (SBN 172509) George R. Nemiroff, Esq. (SBN 262058) SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 San Francisco, California 94104 Telephone: (415) 882-7900 Facsimile: (415) 882-9287 Email: mstafford@sjlawcorp.com Email: gnemiroff@sjlawcorp.com Attorneys for Plaintiffs, Operating Engineers’ Health and Welfare Trust Fund For Northern California, et al., 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 OPERATING ENGINEERS’ HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., 13 14 15 Case No. 17-0896 EMC PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN THE ALTERNATIVE, REQUEST FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER THEREON Plaintiffs, v. JS TAYLOR CONSTRUCTION, INC., et al., 16 Date: Time: Location: Defendants. 17 Judge: 18 May 17, 2018 9:30 a.m. 450 Golden Gate Avenue San Francisco, California Courtroom 5, 17th Floor Honorable Edward M. Chen 19 Plaintiffs respectfully request that the Case Management Conference, currently on calendar for 20 May 17, 2018, be continued for approximately sixty (60) to ninety (90) days. Good cause exists for the 21 granting of the continuance, as follows: 22 1. As the Court’s records will reflect, this action was filed on February 22, 2017. (Dkt. #1.) 23 2. Plaintiffs served copies of the Summons and Complaint and related documents on 24 Defendants. Defendants executed Waivers of The Service of Summons forms, which were filed with the 25 Court on May 23, 2017 (Dkt. #9). Defendants have failed to respond to the Complaint to date. 26 27 28 3. However, the parties have been in contact throughout April 2018 in an attempt to resolve this matter without the need for further litigation. More specifically, Plaintiffs’ Counsel recently 1 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN THE ALTERNATIVE, REQUEST FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER THEREON P:\CLIENTS\OE3CL\JS Taylor Construction\Pleadings\Request to Continue CMC 051018.docx Case No. 17-0896 EMC 1 received a report prepared by an auditor retained by Defendant which disputes the amounts found on the 2 Plaintiffs’ Trust Funds’ audit. In response, Plaintiffs’ Counsel proposed that the parties meet to discuss 3 each party’s respective audit findings. Defendants have agreed to hold the meeting. The parties are 4 currently in the process of exchanging information and having their auditors review the information in 5 anticipation of the meeting. 6 7 8 4. Plaintiffs’ Counsel believes that the meeting between the parties will spur informal settlement discussions and/or at a minimum assist in narrowing or resolving the matters in dispute. 5. Accordingly, Plaintiffs respectfully request that the Case Management Conference, 9 currently scheduled for May 17, 2018, be continued for approximately sixty (60) to ninety (90) days to 10 allow time for the parties to attempt to resolve this matter informally, without the need for further 11 litigation. 12 6. There are no issues that need to be addressed by the parties at the currently scheduled 13 Case Management Conference. In the interest of conserving costs as well as the Court’s time and 14 resources, Plaintiffs respectfully request that the Court continue the currently scheduled Case 15 Management Conference. In the alternative, Plaintiffs request that they may appear at the hearing 16 telephonically. As attorneys’ fees and costs are “out of pocket,” Plaintiffs are attempting to keep fees 17 (and thus the Trust Funds’ loss) at a minimum. 18 19 20 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 10th day of May, 2018, at San Francisco, California. 21 SALTZMAN & JOHNSON LAW CORPORATION 22 23 By: 24 25 /S/ George R. Nemiroff Attorneys for Plaintiffs, Operating Engineers’ Health and Welfare Trust Fund, et al. 26 27 28 2 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN THE ALTERNATIVE, REQUEST FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER THEREON P:\CLIENTS\OE3CL\JS Taylor Construction\Pleadings\Request to Continue CMC 051018.docx Case No. 17-0896 EMC 1 IT IS SO ORDERED. 2 The currently set Case Management Conference is hereby continued to __________________________ 3 9:30 a.m. at __________________, and all previously set deadlines and dates related to this case are continued 4 accordingly or, alternatively, Plaintiffs may appear at the Case Management Conference by telephone. 5 DATED: _________, 2018 S 13 R NIA . Chen J ER FO ward M udge Ed H 12 RT 11 NO 10 ERED O ORD D IT IS S DIFIE AS MO LI 9 S DISTRICT TE C UNITED STATES DISTRICT JUDGE TA A 8 Plaintiffs shall serve a copy of this order upon defendants. RT U O 7 5/15 UNIT ED 6 8/23/18 N F D IS T IC T O R C 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN THE ALTERNATIVE, REQUEST FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER THEREON P:\CLIENTS\OE3CL\JS Taylor Construction\Pleadings\Request to Continue CMC 051018.docx Case No. 17-0896 EMC 1 2 PROOF OF SERVICE 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, California 5 94104. 6 2. I am over the age of eighteen and not a party to this action. 7 3. On May 10, 2018, I served the following document(s): 8 PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN 9 THE ALTERNATIVE, REQUEST FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER 10 THEREON 11 on the interested parties in said action by enclosing a true and exact copy of each document in a sealed 12 envelope and placing the envelope for collection and First Class mailing following our ordinary business 13 practices. I am readily familiar with this business’ practice for collecting and processing correspondence 14 for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in 15 the ordinary course of business with the United States Postal Service in a sealed envelope with postage 16 fully prepaid. 17 4. The envelope(s) were addressed and mailed as follows: 18 Josh Thiel JS Taylor Construction, Inc. 1288 Wawona Street Manteca, CA 95377 19 20 I declare under penalty of perjury that the foregoing is true and correct and that this declaration 21 was executed on May 10, 2018, at San Francisco, California. 22 23 Alicia Wood Paralegal 24 25 26 27 28 1 PROOF OF SERVICE Case No. 17-0896 EMC P:\CLIENTS\OE3CL\JS Taylor Construction\Pleadings\Request to Continue CMC 051018.docx

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