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

Filing 21

ORDER by Judge Saundra Brown Armstrong Granting 20 Motion to Continue. (ndr, COURT STAFF) (Filed on 4/15/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
Erica J. Russell, Esq. (SBN 274494)
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

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

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19

JOINT REQUEST FOR CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE; and [PROPOSED]
ORDER THEREON

v.

20 LEDEIT & SONS GLASS, INC., a California
corporation,
21
Defendant.
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Case No.: C13-5378 SA

Date: April 24, 2014
Time: 2:45 p.m.
Ctrm: 1, 4th Floor
1301 Clay Street
Oakland, California
Judge: Honorable Saundra Brown Armstrong

Plaintiffs and Defendant respectfully request that the Case Management Conference

24 scheduled for April 24, 2014, at 2:45 p.m., be continued for approximately sixty (60) days. Good
25 cause exists for the continuance, as follows:
26

1.

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

27 compel Defendant’s compliance with its collective bargaining agreement in relation to amounts
28 found due on an audit of its payroll records for the period of January 1, 2010 through March 31,
JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER THEREON
Case No.: C13-5378 SA
P:\CLIENTS\GLACL\Ledeit and Sons\Pleadings\Request to Continue CMC 041414.doc

1 2013. (Dkt. #1).
2.

2

Service on Defendant was effectuated on November 21, 2013. A Proof of Service

3 of Summons was filed with the Court. (Dkt. #8).
4

3.

Defendant filed an Answer to the Complaint on December 26, 2013. (Dkt. #13).

5

4.

Plaintiffs requested that a further audit of Defendant’s payroll records be performed

6 for the period from April 1, 2013 through the present.
5.

7

Plaintiffs’ auditors have completed the further audit of Defendant’s records for the

8 period from April 1, 2013 through the present, and the audit report is being finalized. The parties
9 intend to wait until the final audit report on the second audit is issued, review it, and discuss any
10 objections to the contents with the goal of resolving this matter without Court intervention.
6.

11

Plaintiffs and Defendant therefore respectfully request that the Case Management

12 Conference, currently scheduled for April 24, 2014, be continued for approximately sixty (60)
13 days to allow sufficient time for the final audit report to be issued and to allow the parties to
14 further meet and confer to work toward an informal resolution of this matter.
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-2JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER THEREON
P:\CLIENTS\GLACL\Ledeit and Sons\Pleadings\Request to Continue CMC 041414.doc
Case No.: C13-5378 SA

1

7.

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: April 14, 2014

SALTZMAN & JOHNSON
LAW CORPORATION

6
By:

7
8
9 Dated: April 14, 2014

/S/
Erica J. Russell
Attorneys for Plaintiffs
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

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11

By:

/S/
Brooke Purcell
Attorneys for Defendants

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14

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
Management Conference is hereby continued to 6/26/2014, at 2:30 and all related deadlines are
_______________,
16 extended accordingly.
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4/15/2014
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
P:\CLIENTS\GLACL\Ledeit and Sons\Pleadings\Request to Continue CMC 041414.doc
Case No.: C13-5378 SA