Bay Area Painters and Tapers Pension Trust Fund, and its Joint Board of Trustees et al v. New West Partitions

Filing 16

ORDER GRANTING 15 MOTION to Continue Case Management Conference. Case Management Statement due by 4/17/2015. Initial Case Management Conference set for 4/24/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 2/11/15. (jjoS, COURT STAFF) (Filed on 2/11/2015)

Case4:14-cv-04981-JSW Document15 Filed02/10/15 Page1 of 4

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Michele R. Stafford, Esq. (SBN 172509)
Adrian L. Canzoneri, Esq. (SBN 265168)
SALTZMAN & JOHNSON LAW CORPORATION
44 Montgomery Street, Suite 2110
San Francisco, CA 94104
[phone]
[phone] – Facsimile
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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Phil Hiroshima, Esq. (SBN 50758)
HIROSHIMA, LEWIS & DAGGETT
1420 River Park Drive, 2nd Floor
Sacramento, CA 95815
[phone]
[phone]
[e-mail]

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Attorney for Defendant

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BAY AREA PAINTERS AND TAPERS
PENSION TRUST FUND, et al.,
Plaintiffs,
v.

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NEW WEST PARTITIONS, a California
Corporation,
Defendant.

Case No.: C14-04981 JSW
JOINT REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
Date: February 20, 2015
Time: 11:00 a.m.
Dept.: Courtroom 5, 2nd Floor,
Oakland, CA
Judge: Honorable Jeffrey S. White

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-1JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
CASE NO.: C14-04981 JSW
P:\CLIENTS\PATCL\NEW WEST PARTITIONS 5\PLEADINGS\JOINT REQUEST TO CONTINUE CMC_21015.DOCX

Case4:14-cv-04981-JSW Document15 Filed02/10/15 Page2 of 4

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Plaintiffs and Defendant, by and through their respective counsel of record, hereby

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respectfully request that the Case Management Conference, currently scheduled for February 25,

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2015, be continued for approximately sixty (60) days, or as soon thereafter as may be convenient

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for the Court. Good cause exists for the requested continuance as follows:

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1.

As the Court’s records will reflect, this action was filed by Plaintiffs on November

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10, 2014 to compel Defendant’s compliance with its obligations to pay monthly contributions to

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Plaintiffs for hours worked by its employees, pursuant to its Collective Bargaining Agreement.

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2.

Defendants filed an Answer to the Complaint on December 22, 2014.

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3.

Counsel for both parties have been in communication throughout this matter and

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have made progress towards resolution of the matter. Defendant has paid a small portion of the

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amounts due to Plaintiffs and proposed a schedule for payment of the remaining amounts owed to

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Plaintiffs.

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4.

The parties jointly request a continuance of the Case Management Conference to

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allow the parties to resolve this matter without the need for further litigation.

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-2JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
CASE NO.: C14-04981 JSW
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Case4:14-cv-04981-JSW Document15 Filed02/10/15 Page3 of 4

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5.

There are no issues that need to be addressed by the parties at the currently scheduled

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Case Management Conference. In the interest of conserving costs, as well as the Court’s time and

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resources, Plaintiffs and Defendant jointly and respectfully request that the Case Management

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Conference, currently scheduled for February 20, 2015, be continued for approximately sixty (60)

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days, to allow sufficient time for the parties to continue their attempts to resolve this matter outside

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of litigation.

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Date: February 10, 2015

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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____________/S/____________
Michele R. Stafford
Attorney for Plaintiffs

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Date: February 10, 2015

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HIROSHIMA, LEWIS & DAGGETT
By:

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____________/S/____________
Phil Hiroshima
Attorney for Defendant

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IT IS SO ORDERED.

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

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Conference is hereby continued to ___________, at 11:00 a.m. All related deadlines are extended
April 24, 2015 _________.

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accordingly. The parties' joint case management statement shall be due by April 17, 2015.

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February 11, 2015
Date: ___________________

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UNITED STATES DISTRICT JUDGE

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-3JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
CASE NO.: C14-04981 JSW
P:\CLIENTS\PATCL\NEW WEST PARTITIONS 5\PLEADINGS\JOINT REQUEST TO CONTINUE CMC_21015.DOCX