Burns et al v. Titan Dvbe, Inc. et al

Filing 16

ORDER by Judge Saundra Brown Armstrong Granting 15 Motion to Continue Case Management Conference. (ndr, COURT STAFF) (Filed on 5/21/2014)

1 Michele R. Stafford, Esq. (SBN 172509)
Shivani Nanda (SBN 253891)
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 RUSSELL E. BURNS, et al.,
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Plaintiffs,

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v.

Case No.: C13-5886 SBA
PLAINTIFFS REQUEST FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON

14 TITAN DVBE, INC., a California Corporation;
WILLIAM SCHROYER, an Individual,
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Defendants.
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Date: Wednesday, May 28, 2014
Time: 2:45 p.m.
Ctrm: 1, 4th Floor
1301 Clay Street
Oakland, California
Judge: The Honorable Saundra B. Armstrong

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Plaintiffs respectfully request that the Case Management Conference scheduled for May

20 28, 2014, at 2:45 p.m., be continued for approximately sixty (60) days, as follows:
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1.

As the Court’s records will reflect, this action was filed on December 19, 2013 to

22 compel Defendants to comply with the terms of their Collective Bargaining Agreement.
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2.

Plaintiffs served the complaint, summons, and court documents on Defendants on

24 January 1, 2014. Defendants failed to answer by the January 21, 2014 deadline. Plaintiffs have
25 not requested Entry of Default because the parties are attempting to resolve the matter informally.
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3.

Defendants have complied with the audit inspection sought in Plaintiffs’ complaint.

27 The audit report has been sent to Defendants and Defendants’ counsel for review. Plaintiffs are
28 advised that Defendants dispute a portion of the audit findings, and that they are gathering
-1REQUEST TO CONTINUE CMC
Case No.: C13-5886 SBA
P:\CLIENTS\OE3CL\Titan DVBE, Inc\Pleadings\Request to Continue CMC 052114.docx

1 documents to support their claim.
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4.

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

3 scheduled Case Management Conference. In the interest of conserving costs, as well as the
4 Court’s time and resources, Plaintiffs respectfully request that the Court continue the currently
5 scheduled Case Management Conference for approximately sixty (60) days, in order to allow time
6 for Defendants to provide documentation to support their dispute of the audit findings, for
7 Plaintiffs and their auditors to review Defendants’ documentation, and for the parties to resolve
8 the matter.
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10 Dated: May 21, 2014

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/S/
Michele R. Stafford
Attorneys for Plaintiffs

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IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
Management Conference is hereby continued to 7/30/14, at 2:30 p.m. and all related deadlines are
_______________,
17 extended accordingly.
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Date: ____________________
5/21/2014

_________________________________________
THE HONORABLE SAUNDRA B. ARMSTRONG
UNITED STATES DISTRICT COURT

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-2REQUEST TO CONTINUE CMC
Case No.: C13-5886 SBA
P:\CLIENTS\OE3CL\Titan DVBE, Inc\Pleadings\Request to Continue CMC 052114.docx

PROOF OF SERVICE

1
2 I, the undersigned, declare:
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1.

I am a citizen of the United States and am employed in the County of San

4 Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San
5 Francisco, California 94104.
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2.

I am over the age of eighteen and not a party to this action.

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3.

On May 21, 2014, I served the following document(s):

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

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10 on the interested parties in said action by enclosing a true and exact copy of each document in a
11 sealed envelope and placing the envelope for collection and First Class mailing following our
12 ordinary business practices. I am readily familiar with this business’ practice for collecting and
13 processing correspondence for mailing. On the same day that correspondence is placed for
14 collection and mailing, it is deposited in the ordinary course of business with the United States
15 Postal Service in a sealed envelope with postage fully prepaid.
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4.

The envelope was addressed and mailed as follows:
Debra Hinshaw Vierra
Cook Brown LLP
555 Capitol Mall, Suite 425
Sacramento, CA 94814

I declare under penalty of perjury that the foregoing is true and correct and that this

21 declaration was executed on May 21, 2014, at San Francisco, California.
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/S/

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Michelle Valentine
Paralegal

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Para

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-3REQUEST TO CONTINUE CMC
Case No.: C13-5886 SBA
P:\CLIENTS\OE3CL\Titan DVBE, Inc\Pleadings\Request to Continue CMC 052114.docx