Burns et al v. MRB California Enterprises, Inc. et al

Filing 17

ORDER GRANTING 16 Motion to Continue Case Management Conference.Case Management Statement due by 4/17/2015. Case Management Conference set for 4/24/2015 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge Jeffrey S. White on February 23, 2015. (jswlc3, COURT STAFF) (Filed on 2/23/2015)

1 Michele R. 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
[phone]
4 [phone] – Facsimile
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
10
RUSSELL E. BURNS, et al.,
11
Plaintiffs,
v.

12

13 MRB CALIFORNIA ENTERPRISES, INC., a
California Corporation; MUSU BENNETT, an
14 Individual,
15

Defendant.

16

Case No.: C14-05115 JSW
PLAINTIFFS’ REQUEST TO
CONTINUE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER
THEREON
Date: February 27, 2015
Time: 11:00 a.m.
Dept.: Courtroom 5, 2nd Floor,
Oakland, CA
Judge: Honorable Jeffrey S. White

17
18

Plaintiffs respectfully request that the Case Management Conference, currently scheduled

19 for February 27, 2015, be continued for approximately sixty (60) days, or as soon thereafter as
20 may be convenient for the Court. Good cause exists for the requested continuance as follows:
21

1.

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

22 19, 2014 to compel Defendants’ compliance with its obligations to pay monthly contributions to
23 Plaintiffs for hours worked by its employees, pursuant to its Collective Bargaining Agreement
24 [Dkt. 1].
25

2.

Personal service on Defendant MRB California Enterprises, Inc. (“MRB”) was

26 completed on January 9, 2015. Personal service was completed on Defendant Musu Bennett on
27 February 6, 2015. Proofs of Service of Summons for Defendants MRB and Musu Bennett were
28 filed with the Court on February 2, 2015 and February 19, 2015, respectively [Dkt. 11 & 15].

-1PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
THEREON
Case No.: C14-05115 JSW

P:\CLIENTS\OE3CL\MRB California Enterprises\Pleadings\Request To Continue CMC_22015.docx

3.

1

Defendant MRB failed to file a responsive pleading to Plaintiffs’ complaint by its

2 deadline. On February 11, 2015, Plaintiffs filed a Request for Entry of Default [Dkt. 13].
3

4.

Default was entered as to Defendant MRB on February 12, 2015 [Dkt. 14].

4

5.

Defendant Musu Bennett has yet to file a responsive pleading to Plaintiffs’

5 complaint. Defendant Musu Bennett’s deadline to file a responsive pleading is February 27, 2015.
6.

6

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

7 scheduled Case Management Conference. In the interest of conserving costs, as well as the
8 Court’s time and resources, Plaintiffs respectfully request that the Case Management Conference,
9 currently scheduled for February 27, 2015, be continued for approximately sixty (60) days, to
10 allow sufficient time for Defendant to respond to Plaintiffs’ complaint. If Defendant fails to
11 respond by the deadline, Plaintiffs will Request Entry of Default against Defendant Musu Bennett,
12 and then prepare a Motion for Default Judgment as to all Defendants.
13 Date:

February 20, 2015

SALTZMAN & JOHNSON
LAW CORPORATION

14
/S/
By:

15

Adrian L. Canzoneri
Attorney for Plaintiffs

16
17
18 IT IS SO ORDERED.

19 Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management
April 24, 2015 11:00 a.m.
20 Conference is hereby continued to ___________, at _________. All related deadlines are extended
21 accordingly.
22
23

February 23, 2015
Date: ___________________
UNITED STATES DISTRICT JUDGE

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25
26
27
28

-2PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER
THEREON
Case No.: C14-05115 JSW
P:\CLIENTS\OE3CL\MRB California Enterprises\Pleadings\Request To Continue CMC_22015.docx