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

Filing 18

ORDER by Judge Claudia Wilken Granting 17 Motion to Continue. (ndr, COURT STAFF) (Filed on 3/28/2013)

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
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, April 3, 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 April

19 3, 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.

The parties anticipate that Defendant will enter into a payment plan to satisfy all
-1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C12-5542 CW

P:\CLIENTS\PATCL\NJ Kann Painting\Pleadings\C12-5542 CW - Request to Continue CMC 032613.docx

1 amounts due, or in the alternative, Defendant can submit a lump sum payment.
2

4.

Plaintiffs’ administrator determined that reports of certain months of work by

3 Defendant were missing; Defendant has now provided those reports. The parties are awaiting the
4 administrator’s confirmation of payments made on those reports, and the final amounts remaining
5 due from Defendant. Those amounts will then be included in the form of Stipulation already
6 reviewed by Defendant’s counsel.
7

5.

Therefore, Plaintiffs respectfully request that the Case Management Conference be

8 continued for approximately sixty (60) days in order to allow both parties sufficient time to
9 confirm the amounts due and the terms of payment.
10

6.

There are no issues that need to be addressed by this Court at the currently

11 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
12 time and resources, the parties respectfully request that the Court continue the currently scheduled
13 Case Management Conference.
14

7.

Plaintiffs recognize that a case management conference statement is due seven days

15 in advance of the case management conference date and that the statement must include all
16 elements requested in the “Standing Order for All Judges of the Northern District of California –
17 Contents of Joint Case Management Statement” pursuant to Local Rule 16-9. Should this Court
18 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly.
19 Dated: March 26, 2013

SALTZMAN & JOHNSON
LAW CORPORATION

20
By:

21
22

/s/
Muriel B. Kaplan
Attorneys for Plaintiffs

IT IS SO ORDERED.

23
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
24 Management Conference is hereby continued to _______________, and all related deadlines are
June 5, 2013
extended accordingly.
25
3/28/2013
26 Date: ____________________
27
28

_________________________________________
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT COURT
-2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C12-5542 CW
P:\CLIENTS\PATCL\NJ Kann Painting\Pleadings\C12-5542 CW - Request to Continue CMC 032613.docx