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

Filing 24

ORDER GRANTING 23 MOTION to Continue Case Management Conference. Case Management Statement due by 10/24/2014. Initial Case Management Conference set for 10/31/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 8/25/14. (jjoS, COURT STAFF) (Filed on 8/25/2014)

Case4:13-cv-04593-JSW Document23 Filed08/22/14 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.,

PLAINTIFFS’ REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
THEREON
Date:
Time:
Location:

Defendant.

16

Courtroom:
Judge:

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18

Case No.: C13-4593 JSW

August 29, 2014
11:00 a.m.
450 Golden Gate Avenue, San
Francisco, CA
11, 19th Floor
Honorable Jeffrey S. White

Plaintiffs herein respectfully submit this Request to Continue the Case Management

19 Conference, currently scheduled for August 29, 2014, for approximately sixty (60) days. Good
20 cause 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.
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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.
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3.

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

27 through March 31, 2013 showed that Defendant failed to report and pay required contributions for
28 several of his employees in the years 2008 and 2009.
-1PLAINTIFFS’ REQUEST TO CONTINUE CMC; [PROPOSED] ORDER THEREON
Case No.: C13-4593 JSW
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4.

1

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

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

9

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

10 amount owed to Plaintiffs, including the amount remaining due on the audit, plus attorneys’ fees
11 and costs incurred in this action, which Defendant is required to pay pursuant to the Collective
12 Bargaining Agreement.
13

6.

Defendant failed and refused to pay the amounts due to Plaintiffs.

14

7.

On June 20, 2014, the Court granted Plaintiffs’ Request for a Continuance of the

15 Case Management Conference to allow sufficient time for Plaintiffs to make a final attempt to
16 resolve this matter informally with Defendant. The Case Management Conference was
17 rescheduled to August 29, 2014.
8.

18

Plaintiffs sent a final demand letter to Defendant requesting payment of amounts

19 due to Plaintiffs. Defendant failed and refused to pay the amounts owed to Plaintiffs. Therefore,
20 Plaintiffs will prepare and file a Motion for Default Judgment against 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 Document23 Filed08/22/14 Page3 of 4

1

9.

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 Plaintiffs to prepare and file a Motion for Default Judgment against Defendant.
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 22nd day of August 2014, at San Francisco, California.
SALTZMAN & JOHNSON
LAW CORPORATION

9
10
By:

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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
11:00 a.m.
October 31, 2014
16 dates related to this case are continued accordingly.
17 Date: ____________________
August 25, 2014
18

_________________________________________
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 082114.doc