Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. Ventura Finishing Systems

Filing 27

ORDER GRANTING 26 MOTION to Continue Case Management Conference. Case Management Statement due by 2/27/2015. Initial Case Management Conference set for 3/6/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 1/30/15. (jjoS, COURT STAFF) (Filed on 1/30/2015)

Case 4-14-cv-03364-JSW

Document 26

Filed in CAND on 01/30/2015

Page 1 of 2

1 Michele Stafford, Esq. (SBN 172509)
Adrian L. Canzoneri, Esq. (SBN 265168)
2 SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8
UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11 BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
12
Plaintiffs,
13
v.
14
VENTURA FINISHING SYSTEMS, a
15 California Corporation,
16

Defendant.

Case No.: C14-03364 JSW
PLAINTIFFS’ REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
Date: February 6, 2015
Time: 11:00 a.m.
Ctrm: Courtroom 5, 2nd Floor
1301 Clay Street
Oakland, California
Judge: The Honorable Jeffrey S. White

17
18

Plaintiffs respectfully request that the Case Management Conference, currently scheduled

19 for February 6, 2015 at 11:00 a.m. in the above-captioned Court, be continued for approximately
20 thirty (30) days. Good cause exists to grant the continuance for the following reasons:
21

1.

As the Court’s records will reflect, this action was filed on July 24, 2014 to compel

22 Defendant to comply with the terms of its Collective Bargaining Agreement.
23

2.

Defendant was served with the Complaint on August 8, 2014 via substitute service.

24 Plaintiffs filed a Proof of Service of Summons on August 25, 2014.
25

3.

Defendant filed an Answer to Plaintiffs’ Complaint on August 29, 2014.

26

4.

On October 24, 2014, Plaintiffs filed a Request to Continue Case Management

27 Conference because Defendant’s Counsel informed Plaintiffs’ Counsel that they would be filing a
28 Motion to Withdraw as Counsel for Defendant due to a breakdown in communication between
-1PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C14-03364-JSW

P:\CLIENTS\PATCL\Ventura Finishing Systems 4 (July 2014 complaint)\Pleadings\Request to Continue Initial Case Management Conference.doc

Case 4-14-cv-03364-JSW

Document 26

Filed in CAND on 01/30/2015

Page 2 of 2

1 counsel and Defendant. On October 27, 2014, the Court granted Plaintiffs’ request and the Case
2 Management Conference was continued to February 6, 2015.
5.

3

On October 29, 2014, Defendant’s Counsel filed its Motion to Withdraw as

4 Counsel for Defendant. [Dkt. No. 21].
6.

5

On December 1, 2014, the Court conditionally granted Defendant’s Counsel’s

6 Motion. [Dkt. No. 24]. Since Defendant is a corporation and cannot represent itself in this action,
7 the Court ordered that Defendant must retain new counsel and file a Substitution of Attorney no
8 later than February 13, 2015. The Court also advised Defendant that if it fails to retain counsel by
9 that date, judgment may be entered against it.
7.

10

As Defendant has not yet filed a Substitution of Attorney, and its deadline to do so

11 has not yet passed, in the interest of judicial economy and efficiency, as well as the preservation of
12 the Court’s time and resources, Plaintiffs’ respectfully request that the Case Management
13 Conference, currently scheduled for February 6, 2015, be continued at least thirty (30) days. Until
14 Defendant retains new counsel, there are no issues to be addressed by this Court at the currently
15 scheduled Case Management Conference.
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

16

17 entitled action, and that the foregoing is true of my own knowledge.
Executed this 28th day of January, 2015, at San Francisco, California.

18

SALTZMAN & JOHNSON
LAW CORPORATION

19
20
By:
21

/S/
Adrian L. Canzoneri, Esq.
Attorney for Plaintiffs

22
23 IT IS SO ORDERED.
24

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case

25 Management Conference is hereby continued to March 6, 2015 _________. All related
___________, at at 11 a.m.
26 deadlines are extended accordingly.
27 Date:
28

January 30, 2015
HONORABLE JEFFREY S. WHITE
UNITED STATES MAGISTRATE JUDGE
DISTRICT
-2PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C14-03364-JSW

P:\CLIENTS\PATCL\Ventura Finishing Systems 4 (July 2014 complaint)\Pleadings\Request to Continue Initial Case Management Conference.doc