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)

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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 (415) 882-7900 4 (415) 882-9287 – Facsimile mkaplan@sjlawcorp.com 5 erussell@sjlawcorp.com 6 Attorneys for Plaintiffs 7 UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 11 BRICKLAYERS LOCAL NO. 3 PENSION TRUST, et al., 12 Plaintiffs, 13 v. 14 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. 16 Courtroom: Judge: 17 June 27, 2014 11:00 a.m. 450 Golden Gate Avenue, San Francisco, CA 11, 19th Floor Honorable Jeffrey S. White 18 Plaintiffs herein respectfully submit this Request to Continue the Case Management 19 Conference, currently scheduled for June 27, 2014, for approximately sixty (60) days. Good cause 20 exists for the granting of the continuance as follows: 21 1. As the Court’s records will reflect, this action was filed on October 4, 2013 to 22 compel Defendant to comply with the terms of his Collective Bargaining Agreement. 23 2. Plaintiffs served the Complaint, Summons, and related court documents on 24 Defendant on November 4, 2013. Defendant failed to file an Answer to the Complaint and 25 Plaintiffs requested Entry of Default, which was entered by the court on December 12, 2013. 26 27 28 -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. 1 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. 4 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. 12 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. 15 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. 17 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. 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / -2PLAINTIFFS’ 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 Page3 of 4 1 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. 6 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. 8 Executed this 17th day of June, 2014, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION 9 10 By: 11 12 /S/ Erica J. Russell Attorneys for Plaintiffs 13 IT IS SO ORDERED. 14 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 18 _________________________________________ HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE 19 20 21 22 23 24 25 26 27 28 -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

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