Bay Area Painters and Tapers Joint Apprenticeship Training Funds and their Joint Boards of Trustees et al v. Ibarra Coatings, Inc. et al

Filing 30

STIPULATION AND ORDER, CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 11/16/2011 03:15 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 9/9/11. (lrc, COURT STAFF) (Filed on 9/12/2011)

1 Muriel B. Kaplan, Esq. (SBN 124607)
Michele R. Stafford, Esq. (SBN 172509)
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
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
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Plaintiffs,
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v.
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IBARRA COATINGS, INC., a California
14 Corporation, and DANIEL IBARRA, JR., an
individual,
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Defendants.
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Case No.: C10-5174 SBA
PLAINTIFFS’ REQUEST TO
VACATE CASE MANAGEMENT
CONFERENCE; OR TO CONTINUE;
ORDER THEREON;
CASE MANAGEMENT
CONFERENCE STATEMENT
Date:
Time:
Location:
Judge:

September 21, 2011
2:30 p.m.
Via Telephone
Hon. Saundra B. Armstrong

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Plaintiffs herein respectfully submit their Case Management Statement, requesting that the

19 Case Management Conference currently on calendar for June 21, 2011 be vacated, or in the
20 alternative, continued for 30-45 days to allow for resolution of Plaintiffs’ Motion for Default
21 Judgment, which is set for hearing on September 29, 2011.
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1.

Since the Court continued the previous Case Management Conference scheduled

23 for June 9, 2011, Plaintiffs filed their Motion for Default Judgment and supporting documents
24 (Dkt. #20-23). Said Motion was then referred (Dkt. #24) to Magistrate Judge Maria-Elena James
25 on June 2, 2011 by the Honorable Saundra Brown Armstrong, for a report and recommendation.
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2.

Thereafter, upon receipt of notice of a bankruptcy filing by Defendant Daniel

27 Ibarra, Jr., Plaintiffs filed a Notice of Automatic Stay Under 11 U.S.C. § 362 As To Defendant
28 Daniel Ibarra, Jr. Only (Dkt. #26) on June 3, 2011, advising that Daniel Ibarra had filed a Chapter
-1PLAINTIFFS’ CMC STATEMENT; REQUEST TO VACATE CMC; [PROPOSED] ORDER THEREON
Case No.: C10-5174 SBA
G:\SBALC2\Keith\Civil\C10-5174 - Ibarra - Stip to Cont.doc

1 7 Bankruptcy Petition in the U.S. Bankruptcy Court, Central District of California (Los Angeles)
2 on May 26, 2011, and that Plaintiffs’ action would proceed against Defendant Ibarra Coatings,
3 Inc.
3.

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Magistrate Judge James’ June 14, 2011 Notice of Referral (Dkt. #27) continued the

5 hearing on Plaintiffs’ Motion to September 29, 2011, and requires that Plaintiffs file detailed
6 proposed findings of fact and conclusions of law by September 15, 2011 if no Opposition is filed.
4.

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Defendant’s last day to file an Opposition to Plaintiffs’ Motion was September 1,

8 2011, and no Opposition has been filed.

Therefore, Plaintiffs are preparing their Proposed

9 Findings of Fact and Conclusions of Law in Support of Their Motion For Default Judgment as to
10 the issues specified by Magistrate Judge James.
4.

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There are still no issues that need to be addressed by the parties at the currently

12 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
13 time and resources, Plaintiffs respectfully request that the Case Management Conference,
14 currently scheduled for September 21, 2011, be vacated, or in the alternative be continued for 3015 45 days to allow for resolution of Plaintiffs’ Motion for Default Judgment.
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

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17 entitled action, and that the foregoing is true of my own knowledge.
Executed this 8th day of September 2011, at San Francisco, California.

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SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/S/
Michele R. Stafford, Esq.
Attorneys for Plaintiffs

23 IT IS SO ORDERED.
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The currently set Case Management Conference is hereby vacated and all related dates are

25 vacated accordingly.
26 Or
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The currently set Case Management Conference is hereby continued to 11/16/11 at 3:15

28 p.m. and all previously set deadlines and dates related to this case are continued accordingly.
-2PLAINTIFFS’ CMC STATEMENT; REQUEST TO VACATE CMC; [PROPOSED] ORDER THEREON
Case No.: C10-5174 SBA
G:\SBALC2\Keith\Civil\C10-5174 - Ibarra - Stip to Cont.doc

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Date: 9/9/11

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_________________________________________
THE HONORABLE SAUNDRA B. ARMSTRONG
UNITED STATES DISTRICT COURT JUDGE

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-3PLAINTIFFS’ CMC STATEMENT; REQUEST TO VACATE CMC; [PROPOSED] ORDER THEREON
Case No.: C10-5174 SBA
G:\SBALC2\Keith\Civil\C10-5174 - Ibarra - Stip to Cont.doc

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PROOF OF SERVICE

2 I, the undersigned, declare:
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1.

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

4 Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San
5 Francisco, California 94104.
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2.

I am over the age of eighteen and not a party to this action.

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3.

On September 8, 2011, I served the following document(s):

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PLAINTIFFS’ REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; OR TO
CONTINUE; [PROPOSED] ORDER THEREON; CASE MANAGEMENT CONFERENCE
9
STATEMENT
10 on the interested parties in said action by enclosing a true and exact copy of each document in a
11 sealed envelope and placing the envelope for collection and First Class mailing following our
12 ordinary business practices. I am readily familiar with this business’ practice for collecting and
13 processing correspondence for mailing. On the same day that correspondence is placed for
14 collection and mailing, it is deposited in the ordinary course of business with the United States
15 Postal Service in a sealed envelope with postage fully prepaid.
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4.

The envelopes were addressed and mailed as follows:
Ibarra Coatings, Inc., A California Corporation
c/o Agent for Service of Process
Corporation Service Company Which Will Do Business
In California As CSC - Lawyers Incorporating Service
2730 Gateway Oaks Dr Ste 100
Sacramento CA 95833

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Daniel Ibarra, Jr., an individual
6426 Crossway Drive
Pico Rivera CA 90660

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I declare under penalty of perjury that the foregoing is true and correct and that this

24 declaration was executed on September 8, 2011, at San Francisco, California.
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/S/
Elise Thurman
Paralegal

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-1PROOF OF SERVICE
Case No.: C10-5174 SBA
G:\SBALC2\Keith\Civil\C10-5174 - Ibarra - Stip to Cont.doc