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

Filing 24

CORRECTED 23 ORDER re 22 Motion to Continue. Reset Deadline/Hearing: Case Management Statement due by 7/24/2014; Case Management Conference set for 7/31/2014 02:30 PM. Signed by Judge Saundra Brown Armstrong on 6/16/2014. (ndr, COURT STAFF) (Filed on 6/16/2014)

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)
Joseph L.J. Appel, Esq. (SBN 276946)
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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14

UNITED STATES DISTRICT COURT

15

FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

18
19

JOINT REQUEST FOR CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE; CORRECTED ORDER
THEREON

v.

20 LEDEIT & SONS GLASS, INC., a California
corporation,
21
Defendant.
22
23

Case No.: C13-5378 SA

Date: June 26, 2014
Time: 2:30 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 June 26, 2014, at 2:30 p.m., be continued for approximately thirty (30) 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 FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
Case No.: C13-5378 SA
C:\Users\rileyn\AppData\Local\Temp\notes95EC0B\Request to Continue CMC 061314.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 completed the further audit of Defendant’s records for the

8 period from April 1, 2013 through the present and the audit report was finalized and issued on
9 April 29, 2014.
6.

10

In addition, the audit report for the period of January 1, 2010 through March 31,

11 2013 was revised to reflect a reduction of amounts owed for Richard Ledeit for the time period
12 from January 1, 2013 through March 31, 2013 as Mr. Ledeit was eligible not to contribute to the
13 Trust Funds on behalf of himself as an owner-member during that time period. The revised audit
14 report was finalized and issued on May 16, 2014.
7.

15

Plaintiffs have been informed by the Trust Funds’ administrator that Defendant has

16 failed to report and pay April 2014 contributions, which were due on May 15, 2014 and delinquent
17 when not received by May 31, 2014. Plaintiffs have requested that Defendant submit its April
18 2014 contribution report so that Plaintiffs can determine how much is owed for that month,
19 including liquidated damages and interest incurred on the delinquent contributions.
8.

20

The parties have been continuing to work toward an informal resolution of this

21 matter and Defendant has requested a payment plan to satisfy its debt owed to Plaintiffs.
9.

22

Plaintiffs and Defendant therefore respectfully request that the Case Management

23 Conference, currently scheduled for June 26, 2014, be continued for approximately thirty (30)
24 days to allow sufficient time for the parties to finalize the informal resolution of this matter.
25 ///
26 ///
27 ///
28 ///

-2-

JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER THEREON
C:\Users\rileyn\AppData\Local\Temp\notes95EC0B\Request to Continue CMC 061314.doc
Case No.: C13-5378
SA

1

10.

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: June 13, 2014

SALTZMAN & JOHNSON
LAW CORPORATION

6

By: /s/
Erica J. Russell
Attorneys for Plaintiffs

7
8
9 Dated: June 13, 2014

OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

10
11

By:

12

/s/
Joseph L.J. Appel
Attorneys for Defendant

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14
15
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17
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19

IT IS SO ORDERED.
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Telephonic
Case Management Conference is hereby continued to July 31, 2014, at 2:30 p.m., and all related
deadlines are extended accordingly. The parties shall meet and confer prior to the conference and
shall prepare a joint Case Management Conference Statement which shall be filed no later than
seven (7) days prior to the Case Management Conference that complies with the Standing Order
For All Judges Of The Northern District Of California and the Standing Order of this Court.
Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call.
All parties shall be on the line and shall call [phone] at the above indicated date and time.

20 Date: 6/16/2014
21

________________________________________________
THE HONORABLE SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT COURT

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-3JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER THEREON
C:\Users\rileyn\AppData\Local\Temp\notes95EC0B\Request to Continue CMC 061314.doc
Case No.: C13-5378
SA