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

Filing 18

ORDER GRANTING 17 MOTION to Continue Case Management Conference. Joint Case Management Statement due by 6/19/2015. Initial Case Management Conference set for 6/26/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge JEFFREY S. WHITE on 4/20/15. (jjoS, COURT STAFF) (Filed on 4/20/2015)

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Case4:14-cv-04981-JSW Document17 Filed04/17/15 Page1 of 4 1 5 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 (415) 882-7900 (415) 882-9287 – Facsimile mstafford@sjlawcorp.com acanzoneri@sjlawcorp.com 6 Attorneys for Plaintiffs 7 10 Phil Hiroshima, Esq. (SBN 50758) HIROSHIMA, LEWIS & DAGGETT 1420 River Park Drive, 2nd Floor Sacramento, CA 95815 (916) 923-2223 (916) 929-7335 phiroshima@hldlaw.net 11 Attorney for Defendant 2 3 4 8 9 12 UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., Plaintiffs, v. 18 19 20 21 NEW WEST PARTITIONS, a California Corporation, Defendant. Case No.: C14-04981 JSW JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON Date: April 24, 2015 Time: 11:00 a.m. Dept.: Courtroom 5, 2nd Floor, Oakland, CA Judge: Honorable Jeffrey S. White 22 23 24 25 26 27 28 -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_41715.DOCX Case4:14-cv-04981-JSW Document17 Filed04/17/15 Page2 of 4 1 Plaintiffs and Defendant, by and through their respective counsel of record, hereby 2 respectfully request that the Case Management Conference, currently scheduled for April 24, 2015, 3 be continued for approximately sixty (60) days, or as soon thereafter as may be convenient for the 4 Court. GOOD CAUSE EXISTS for the requested continuance as follows: 5 1. As the Court’s records will reflect, this action was filed by Plaintiffs on November 6 10, 2014 to compel Defendant’s compliance with its obligations to pay monthly contributions to 7 Plaintiffs for hours worked by its employees, pursuant to its Collective Bargaining Agreement. 8 2. Defendants filed an Answer to the Complaint on December 22, 2014. 9 3. Counsel for both parties have been in communication throughout this matter and 10 have continued to make progress towards resolution of the matter. The parties previously filed a 11 request to continue the case management conference on February 10, 2015, based upon discussions 12 of a payment plan for Defendant. To date, no formal payment plan has been entered into, however, 13 Defendant has made additional payments towards the total amount due to Plaintiffs. The parties 14 remain in discussions regarding a formal payment plan for the remaining balance owed to Plaintiffs. 15 If a formal payment plan is not agreed upon within the next sixty (60) days, Plaintiffs will move for 16 summary judgment against Defendant. 17 4. The parties jointly request a continuance of the Case Management Conference to 18 allow the parties to further pursue resolution of this matter without the need for further litigation. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2JOINT 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_41715.DOCX Case4:14-cv-04981-JSW Document17 Filed04/17/15 Page3 of 4 1 5. There are no issues that need to be addressed by the parties at the currently scheduled 2 Case Management Conference. In the interest of conserving costs, as well as the Court’s time and 3 resources, Plaintiffs and Defendant jointly and respectfully request that the Case Management 4 Conference, currently scheduled for April 24, 2015, be continued for approximately sixty (60) days, 5 to allow sufficient time for the parties to continue their attempts to resolve this matter outside of 6 litigation. 7 8 Date: April 17, 2015 SALTZMAN & JOHNSON LAW CORPORATION 9 10 By: 11 ___________/S/___________ Adrian L. Canzoneri Attorney for Plaintiffs 12 13 Date: April 17, 2015 14 HIROSHIMA, LEWIS & DAGGETT By: 15 ___________/S/___________ Phil Hiroshima Attorney for Defendant 16 IT IS SO ORDERED. 17 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management 18 11:00 a.m. Conference is hereby continued to June 26, 2015 at _________. All related deadlines are extended ___________, 19 accordingly. 20 21 22 Date: April 20, 2015 ___________________ ___________________________________ UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 -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_41715.DOCX

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