Bay Area Painters and Tapers Pension Trust Fund et al v. N.J. Kann Painting, Inc.

Filing 15

ORDER by Judge Claudia Wilken Granting 14 Motion to Continue (ndr, COURT STAFF) (Filed on 1/24/2013)

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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 (415) 882-7900 4 (415) 882-9287 – Facsimile 5 6 Attorneys for Plaintiffs 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al. 11 Plaintiffs, 12 v. 13 N.J. KANN PAINTING, INC., a California 14 corporation, 15 Defendant. 16 Case No.: C12-5542 CW PLAINTIFFS’ REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON Date: Wednesday, January 30, 2013 Time: 2:00 p.m. Ctrm: 2, 4th Floor 1301 Clay Street Oakland, CA Judge: The Honorable Claudia Wilken 17 18 Plaintiffs respectfully request that the Case Management Conference scheduled for 19 January 30, 2013, at 2:00 p.m., be continued for approximately sixty (60) days, as follows: 20 1. As the Court’s records will reflect, this action was filed on October 29, 2012 to 21 compel Defendant to comply with the terms of its Collective Bargaining Agreement. Service on 22 Defendant was completed on October 30, 2012. A Proof of Service of Summons was filed with 23 the Court on November 6, 2012. [Docket No. 12.] 24 2. On or about December 20, 2012, Plaintiffs were contacted by Defendant’s counsel 25 requesting an informal resolution. Plaintiffs have extended Defendant’s time to file an Answer, to 26 provide Plaintiffs time to work with the fund administrator to confirm the total amount owed by 27 Defendant. 28 3. After amounts are confirmed, the parties anticipate that Defendant will enter into a -1REQUEST TO CONTINUE CMC Case No.: C12-5542 CW P:\CLIENTS\PATCL\NJ Kann Painting\Pleadings\C12-5542 CW - Request to Continue CMC 012313.docx 1 payment plan to satisfy all amounts due, or in the alternative, Defendant can submit a lump sum 2 payment. 3 4. Therefore, Plaintiffs respectfully request that the Case Management Conference be 4 continued for approximately sixty (60) days in order to allow both parties sufficient time to 5 confirm the amounts due and the terms of the settlement. 6 5. There are no issues that need to be addressed by this Court at the currently 7 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s 8 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 9 Case Management Conference. 10 6. Plaintiffs recognize that a case management conference statement is due seven days 11 in advance of the case management conference date and that the statement must include all 12 elements requested in the “Standing Order for All Judges of the Northern District of California – 13 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court 14 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly. 15 Dated: January 23, 2013 SALTZMAN & JOHNSON LAW CORPORATION 16 By: 17 18 /s/ Muriel B. Kaplan Attorneys for Plaintiffs 19 20 21 22 IT IS SO ORDERED. 23 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case 4/3/2013 Management Conference is hereby continued to _______________, and all related deadlines are 24 extended accordingly. 25 1/24/2013 26 Date: ____________________ 27 28 _________________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT COURT -2REQUEST TO CONTINUE CMC Case No.: C12-5542 CW P:\CLIENTS\PATCL\NJ Kann Painting\Pleadings\C12-5542 CW - Request to Continue CMC 012313.docx

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