Northern California Glaziers, Architectural Metal and Glass Workers Pension Trust Fund v. Le Deit & Sons Glass, Inc.

Filing 19

ORDER by Judge Saundra Brown Armstrong Granting 18 Motion to Continue. (ndr, COURT STAFF) (Filed on 2/11/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
Muriel B. Kaplan, Esq. (SBN 124607)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
[phone] – Phone
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7 Maria Anastas, Esq. (SBN 229787)
Brooke S. Purcell, Esq. (SBN260058)
8 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
9 One Market Plaza
San Francisco, CA 94105
10 [phone] – Phone
[phone] – Facsimile
11 [e-mail]
[e-mail]
12
Attorneys for Defendant
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

17 NORTHERN CALIFORNIA GLAZIERS,
ARCHITECTURAL METAL AND GLASS
18 WORKERS PENSION TRUST FUND, et al.,
Plaintiffs,

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Case No.: CV-13-5378 SA
JOINT REQUEST FOR CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE; and [PROPOSED]
ORDER THEREON

v.

21 LEDEIT & SONS GLASS, INC. a California
corporation,
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Defendant.
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Date: Thursday, February 20, 2014
Time: 3:00 p.m.
Ctrm: 1, 4th Floor
1301 Clay Street
Oakland, California
Judge: Honorable Saundra Brown Armstrong

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Plaintiffs and Defendants both respectfully request

that

the

Case

Management

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Conference scheduled for February 20, 2014, at 3:00 p.m., be continued for sixty (60) days, as
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follows:
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JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER THEREON
Case No.: C13-5378
P:\CLIENTS\GLACL\Ledeit and Sons\Pleadings\Request to Continue CMC.doc

1.

1

As the Court’s records will reflect, this action was filed on November 30, 2013

2 (Dkt. #1) to compel Defendant’s compliance with its collective bargaining agreement in relation to
3 amounts found due on an audit of its payroll records for the period of January 1, 2010 through
4 March 31, 2013. Plaintiffs requested a further audit be performed for the period April 1, 2013
5 through the present. Service on Defendant was effectuated on November 21, 2013. A Proof of
6 Service of Summons was filed with the Court (Dkt. #8). Defendant filed an Answer to the
7 Complaint on December 26, 2013 (Dkt. #13).
2.

8

The parties have met and conferred, and are working toward an informal resolution.

9 Plaintiffs’ auditors are in the process of completing an audit of Defendant’s records. The parties
10 intend to wait until the audit is complete, review it, and discuss any objections to the contents with
11 the goal of resolving this matter without Court intervention.
3.

12

Plaintiffs and Defendants herein respectfully request that the Case Management

13 Conference, currently scheduled for February 20, 2014, be continued for forty-five (45) to sixty
14 (60) days to allow the completion of the audit of Defendant’s records and to allow the parties to
15 discuss the audit and other conditions of settlement.
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-2JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER THEREON
Case No.: C13-5378

P:\CLIENTS\GLACL\Ledeit and Sons\Pleadings\Request to Continue CMC.doc

1

4.

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

2 scheduled Case Management Conference. In the interest of conserving costs as well as the Court’s
3 time and resources, both parties respectfully request that the Court continue the currently
4 scheduled Case Management Conference.
5 Dated: February 11, 2014

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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8
9 Dated: February 11, 2014

/S/
Michele R. Stafford
Attorneys for Plaintiffs
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

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By:

/S/
Brooke Purcell
Attorneys for Defendants

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IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
4/24/14, at 2:45
Management Conference is hereby continued to _______________, and all related deadlines are
16 extended accordingly.
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2/11/2014
Date: ____________________

________________________________________________
THE HONORABLE SAUNDRA BROWN ARMSTRONG,
UNITED STATES DISTRICT COURT

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-3JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER THEREON
Case No.: C13-5378
P:\CLIENTS\GLACL\Ledeit and Sons\Pleadings\Request to Continue CMC.doc