Bricklayers and Allied Craftworkers Local Union No. 3, AFL-CIO et al v. Fidelity Inc.

Filing 12

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 11 MOTION to Continue Case Management Conference filed by Trustees of the Northern California Tile Industry Apprenticeship and Training Trust Fund, Bricklayers and Allied Craftworkers Local Union No. 3, AFL-CIO, Trustees of the Northern California Tile Industry Health and Welfare Trust Fund, Trustees of the Northern California Tile Industry Pension Trust, Tile Employers Contract Administration Fund, Trustees of the International Union of Bricklayers and Allied Craftworkers Pension Fund, Tile Industry Promotion Fund of Northern California, Inc.. Signed by Judge Phyllis J. Hamilton on 10/20/09. (nah, COURT STAFF) (Filed on 10/20/2009)

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Kent Khtikian, Esq. (#99843) Kimberly A. Hancock, Esq. (#205567) Katzenbach and Khtikian 1714 Stockton Street, Suite 300 San Francisco, California 94133-2930 [phone] Attorney for Plaintiffs

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRICKLAYERS AND ALLIED CRAFTWORKERS ) LOCAL UNION NO. 3, AFL-CIO; ) TRUSTEES OF THE NORTHERN CALIFORNIA ) TILE INDUSTRY PENSION TRUST; TRUSTEES ) OF THE NORTHERN CALIFORNIA TILE ) INDUSTRY HEALTH AND WELFARE TRUST FUND;) TRUSTEES OF THE NORTHERN CALIFORNIA ) TILE INDUSTRY APPRENTICESHIP AND ) TRAINING TRUST FUND; TILE INDUSTRY ) PROMOTION FUND OF NORTHERN CALIFORNIA, ) INC., a not-for-profit California ) corporation; TILE EMPLOYERS CONTRACT ) ADMINISTRATION FUND; TRUSTEES OF THE ) INTERNATIONAL UNION OF BRICKLAYERS AND ) ALLIED CRAFTWORKERS PENSION FUND, ) ) Plaintiffs, ) ) vs. ) ) FIDELITY INC., a California ) corporation, doing business as "Tile ) Bella & Stone", ) ) Defendant. ) _______________________________________) Case No.: C 09-1722 PJH REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [Proposed] ORDER Date: October 22, 2009 Time: 2:30 p.m. Dept.: Courtroom 3 17th Floor U.S. District Court 450 Golden Gate Ave. San Francisco, CA Judge: The Honorable Phyllis J. Hamilton UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Plaintiffs hereby respectfully request that this Court continue the case management conference in this matter, currently scheduled for October 22, 2009 at 2:30 p.m., for a period of at least 90 days until January 21, 2010 or on any date thereafter convenient to the Court.
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-1722 PJH

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Plaintiffs make this request based on the following: 1. Defendant FIDELITY INC. submitted to an audit as

demanded by the Complaint in this case. 2. The parties were unable to reach a settlement agreement

with respect to Plaintiffs' damages incurred for costs and attorney's fees. 3. On August 28, 2009 the Clerk entered default as to

defendant FIDELITY, INC. 4. Plaintiffs will be filing a Motion For Default Judgment

against defendant FIDELITY, INC. within the next 60 days. In order to not waste the Court's time and resources, plaintiffs respectfully request that the case management conference be continued until January 21, 2010 or any date thereafter convenient to the Court. Dated: October 15, 2009 KATZENBACH AND KHTIKIAN

By:

/S/ Kimberly A. Hancock Kimberly A. Hancock Attorneys for Plaintiffs

[PROPOSED] ORDER Good cause appearing, it is hereby ORDERED that the Case Management Conference currently set for October 22, 2009 at 2:30 2:00 January 21, 2010 PM is continued to _______________________ at 2:30 PM in Courtroom 3, 17th Floor. Date: October 20 _____, 2009
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N F D IS T IC T O R REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-1722 PJH

_________________is__a_i_n ____________ lto _ J. H m ge Phyll The HonorableJudPhyllis J. Hamilton UNITED STATES DISTRICT COURT JUDGE ER C
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1 2 3 4 5 6 7 8 9 10 by placing a true copy thereof enclosed in a sealed envelope with 11 first class mail postage thereon fully prepaid in the United 12 States Mail at San Francisco, California, addressed as follows: 13 14 15 16 17 18 I declare under penalty of perjury that the foregoing is 19 true and correct, and that this declaration was executed on 20 October 15, 2009 in San Francisco, California. 21 22 /s/Alex Brown 23 Alex Brown 24 25 26 27 28
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No. CV 09-1722 PJH

PROOF OF SERVICE BY MAIL I am a resident of the County of San Francisco, California. I am over the age of eighteen years and not a party to this action. My business address is Katzenbach & Khtikian, 1714 On

Stockton Street, Suite 300, San Francisco, California 94133.

October 15, 2009 I served a true copy of the foregoing document described as: REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [Proposed] ORDER

Lewis Phon, Esq. 4040 Heaton Court Antioch, CA 94509 Attorney for FIDELITY INC. Fidelity, Inc. dba Tile Bella & Stone 1684 Decoto Road, #249 Union City, CA 94587

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