Northern California Glaziers, Architectural Metal & Glass Workers Pension Plan et al v. Berry

Filing 15

ORDER VACATING CASE MANAGEMENT CONFERENCE re 14 MOTION to Vacate CASE MANAGEMENT CONFERENCE filed by District Council 16 Northern California Journeyman & Apprentice Training Trust Fund, I.U.P.A.T. Union & Industry National Pension Fund, Dist rict Council No 16, International Union of Painters & Allied Trades, District Council 16 Northern California Health & Welfare Trust Fund, Marian Bourboulis, Glaziers Individual Account Retirement Plan, Douglas Christopher, James Williams, Northern California Glaziers, Architectural Metal & Glass Workers Pension Plan, John Maggiore, ***Civil Case Terminated.. Signed by Judge Phyllis J. Hamilton on 11/2/10. (nah, COURT STAFF) (Filed on 11/2/2010)

1 Michele R. Stafford, Esq. (SBN 172509) Blake E. Williams, Esq. (SBN 233158) 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 9 10 11 NORTHERN CALIFORNIA GLAZIERS, ARCHITECTURAL METAL AND GLASS 12 WORKERS PENSION PLAN, et al. 13 14 v. Plaintiffs, Case No.: C10-2446 PJH REQUEST TO VACATE CASE MANAGEMENT CONFERENCE Date: Time: Location: Courtroom: Judge: November 4, 2010 2:00 p.m. 1301 Clay Street Oakland, California 3, 3rd Floor Honorable Phyllis J. Hamilton UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

STEPHEN ITALIANO BERRY, Individually 15 and dba OCCASIONAL GLASS COMPANY, 16 17 18 19 Defendant.

Plaintiffs hereby submit their Request to Vacate the Case Management Conference

20 currently scheduled for November 4, 2010 at 2:00 p.m. in Courtroom 3. 21 1. Both parties agreed to a payment plan to satisfy all amounts owed from Defendant

22 to the Trust Funds in the form of a Judgment Pursuant to Stipulation ("Stipulation"), and on July 23 15, 2010, Plaintiffs filed the Stipulation with this Court. 24 25 26 / / / 27 / / / 28 / / /
-1REQUEST TO VACATE CMC Case No.: C10-2446 PJH

2. 3.

On July 16, 2010, this Court entered Judgment against Defendant and for Plaintiffs. There is nothing for this Court to consider at this time.

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Therefore, I respectfully request that the current Case Management Conference be

2 vacated. 3 Date: October 29, 2010 4 5 6 7 8 ORDER 9 The Case Management Conference currently scheduled for November 4, 2010 at 2:00 p.m. is 10 hereby vacated. All related deadlines are vacated accordingly. 11 Date: 11/2/10 12
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SALTZMAN & JOHNSON LAW CORPORATION By: _________/s/_______________ Blake E. Williams Attorneys for Plaintiffs

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-2REQUEST TO VACATE CMC Case No.: C10-2446 PJH
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_______________________________________ ERED UNITED STATES SDISTRICT COURT JUDGE O ORD IT IS
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1 2 3 I, the undersigned, declare:

PROOF OF SERVICE

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

4 of California. I am over the age of eighteen and not a party to this action. My business address is 5 44 Montgomery Street, Suite 2110, San Francisco, California 94104. 6 7 On October 29, 2010, I served the following document(s): REQUEST TO VACATE CASE MANAGEMENT CONFERENCE

8 on the interested parties in said action by placing a true and exact copy of each document in a 9 sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San 10 Francisco, California, addressed as follows: 11 12 13 14 Stephen Italiano Berry, individually and dba Occasional Glass Company 3400 Balboa Street San Francisco, California 94121 I declare under penalty of perjury that the foregoing is true and correct and that this

15 declaration was executed on this 29th day of October, 2010, at San Francisco, California. 16 17 18 19 20 21 22 23 24 25 26 27 28
-1PROOF OF SERVICE Case No.: C10-2446 PJH
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