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

Filing 22

ORDER by Judge Saundra Brown Armstrong Granting 21 Motion to Continue. (ndr, COURT STAFF) (Filed on 7/21/2014)

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]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7 Debra Hinshaw Vierra, Esq. (SBN 110672)
Cook Brown, LLP
8 555 Capitol Mall, Suite 425
Sacramento, CA 95814
9 [phone]
[phone] – Facsimile
10 [e-mail]
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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15 RUSSELL E. BURNS, et al.,
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Plaintiffs,

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v.

Case No.: C13-5886 SBA
JOINT REQUEST FOR CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE; ORDER THEREON

18 TITAN DVBE, INC., a California Corporation;
WILLIAM SCHROYER, an Individual,
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Defendants.
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Date: Wednesday, July 30, 2014
Time: 2:30 p.m.
Ctrm: 1, 4th Floor
1301 Clay Street
Oakland, California
Judge: The Honorable Saundra B. Armstrong

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Plaintiffs and Defendants respectfully request that the Case Management Conference,
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scheduled for July 30, 2014, at 2:30 p.m., be continued for approximately ninety (90) days. Good
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cause exists for the granting of the continuance as follows:
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1.

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

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

Plaintiffs served the Summons and Complaint on Defendants on January 1, 2014.

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-1JOINT REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
Case No.: C13-5886 SBA
C:\Users\rileyn\AppData\Local\Temp\notes95EC0B\Joint Request to Continue CMC 071514.docx

3.

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An audit of Defendants’ records was performed for the period July 1, 2009 through

2 December 31, 2013, revealing a liability to Plaintiffs of approximately $90,000.00.
4.

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Defendants disputed the audit findings and Plaintiffs requested that Defendants

4 provide documentation that supports Defendants’ position.
5.

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Plaintiffs agreed to extend the deadline for Defendants to file an Answer to the

6 Complaint to allow for Defendants to provide evidence in support of their dispute of the audit and
7 for Plaintiffs to review any such evidence.
6.

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The only document Defendants provided was an excel spreadsheet listing payments

9 made to Plaintiffs for unpaid contributions for the time period June 2010 through November 2010.
10 Plaintiffs administrator confirmed that these payments did not affect the results of the audit, as the
11 audit reveals hours unreported and unpaid by Defendants.
7.

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Despite several requests from Plaintiffs, Defendants failed to provide any further

13 documentation supporting their dispute of the audit findings; therefore, Plaintiffs requested
14 Defendants file their Answer to the Complaint by June 27, 2014.
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8.

Defendants filed their Answer to the Complaint on June 27, 2014.

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9.

The parties are continuing to discuss the audit findings and Defendants’ dispute

17 thereof, and are attempting to resolve this matter informally.
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-2JOINT REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
Case No.: C13-5886 SBA
C:\Users\rileyn\AppData\Local\Temp\notes95EC0B\Joint Request to Continue CMC 071514.docx

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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
3 Court’s time and resources, the parties respectfully request that the Court continue the currently
4 scheduled Case Management Conference for approximately ninety (90) days to allow sufficient
5 time for the parties to continue to meet and confer and attempt to reach an informal resolution of
6 this matter.
7 Dated: July __, 2014

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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________________________
Erica J. Russell
Attorneys for Plaintiff s

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Dated: July __, 2014

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COOK BROWN, LLP

By:

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________________________
Debra Hinshaw Vierra
Attorneys for Defendants

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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 October 30, 2014, at 2:45 p.m., and all related
19 deadlines are extended accordingly.
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Date: 7/21/2014

_________________________________________
THE HONORABLE SAUNDRA B. ARMSTRONG
UNITED STATES DISTRICT COURT

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-3JOINT REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
Case No.: C13-5886 SBA
C:\Users\rileyn\AppData\Local\Temp\notes95EC0B\Joint Request to Continue CMC 071514.docx