Bricklayers Local No. 3 Pension Trust and its Board of Trustees et al v. Xu

Filing 21

ORDER GRANTING 20 MOTION to Continue Case Management Conference. Case Management Statement due by 8/22/2014. Case Management Conference set for 8/29/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 6/19/14. (jjoS, COURT STAFF) (Filed on 6/20/2014)

Case4:13-cv-04593-JSW Document20 Filed06/18/14 Page1 of 4

1 Muriel B. Kaplan, Esq. (SBN 124607)
Erica J. Russell, Esq. (SBN 274494)
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
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11 BRICKLAYERS LOCAL NO. 3 PENSION
TRUST, et al.,
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Plaintiffs,
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v.
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DONGHUA XU, individually and dba UNITED
15 TILE & MARBLE CO.,

Case No.: C13-4593 JSW
PLAINTIFFS’ REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
THEREON
Date:
Time:
Location:

Defendant.

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Courtroom:
Judge:

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June 27, 2014
11:00 a.m.
450 Golden Gate Avenue, San
Francisco, CA
11, 19th Floor
Honorable Jeffrey S. White

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Plaintiffs herein respectfully submit this Request to Continue the Case Management
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Conference, currently scheduled for June 27, 2014, for approximately sixty (60) days. Good cause
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exists for the granting of the continuance as follows:
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1.

As the Court’s records will reflect, this action was filed on October 4, 2013 to

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compel Defendant to comply with the terms of his Collective Bargaining Agreement.
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2.

Plaintiffs served the Complaint, Summons, and related court documents on

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Defendant on November 4, 2013. Defendant failed to file an Answer to the Complaint and
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Plaintiffs requested Entry of Default, which was entered by the court on December 12, 2013.
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-1PLAINTIFFS’ REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C13-4593 JSW
P:\CLIENTS\BRICL\United Tile and Marble\Pleadings\Request to Continue CMC 061714.doc

Case4:13-cv-04593-JSW Document20 Filed06/18/14 Page2 of 4

3.

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An audit of Defendant’s payroll records for the time period from October 1, 2008

2 through March 31, 2013 showed that Defendant failed to report and pay required contributions for
3 several of his employees in the years 2008 and 2009.
4.

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The amount Defendant owed on the audit was revised after Plaintiffs received

5 documentation from Defendant, namely W-2 forms, which showed that a portion of the hours due
6 on the audit had been paid. The amount owed on the audit was further revised after Plaintiffs
7 received declarations from two (2) of Defendant’s employees, which stated that the hours worked
8 in 2009 were spent performing home remodel work on Defendant’s personal residence and did not
9 involve any work covered by the Collective Bargaining Agreement. Therefore, the employees
10 agreed that they would not pursue any fringe benefit contributions or pension credit for the hours
11 worked in 2009 on the home remodel.
5.

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Thereafter, Plaintiffs sent Defendant several letters advising him of the total

13 amount owed to Plaintiffs, including the amount remaining due on the audit, plus attorneys’ fees
14 and costs incurred in this action.
6.

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Defendant continues to dispute the amount remaining due on the audit and that he

16 is liable for the attorneys’ fees and costs incurred in this action.
7.

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Plaintiffs will make a final attempt to resolve this matter informally with Defendant

18 for the remaining amounts owed to Plaintiffs.

Should the parties fail to reach an informal

19 resolution of this matter, Plaintiffs anticipate filing a Motion for Default Judgment against
20 Defendant.
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-2PLAINTIFFS’ REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C13-4593 JSW
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Case4:13-cv-04593-JSW Document20 Filed06/18/14 Page3 of 4

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8.

Based on the above, there are no issues that need to be addressed by the parties at

2 the currently scheduled Case Management Conference. In the interest of conserving costs as well
3 as the Court’s time and resources, Plaintiffs respectfully request that the currently scheduled Case
4 Management Conference be continued for approximately sixty (60) days to allow sufficient time
5 for the parties to reach an informal resolution of this matter.
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I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

7 entitled action, and that the foregoing is true of my own knowledge.
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Executed this 17th day of June, 2014, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/S/
Erica J. Russell
Attorneys for Plaintiffs

13 IT IS SO ORDERED.
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The currently set initial Case Management Conference is hereby continued to

15 __________________________ at __________________, and all previously set deadlines and
August 29, 2014
11:00 a.m.
16 dates related to this case are continued accordingly.
17 Date: ____________________
June 19, 2014
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_________________________________________
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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-3PLAINTIFFS’ REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C13-4593 JSW
P:\CLIENTS\BRICL\United Tile and Marble\Pleadings\Request to Continue CMC 061714.doc