District Council 16 Northern California Health and Welfare Trust Fund et al v. RBE Construction, Inc.

Filing 14

ORDER by Judge Haywood S. Gilliam, Jr. Granting 12 Plaintiffs' Request to Continue Case Management Conference.Case Management Statement due by 9/26/2017; Case Management Conference set for 10/3/2017 02:00 PM. (ndrS, COURT STAFF) (Filed on 9/6/2017)

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1 2 3 4 5 6 Michele R. Stafford, Esq. (SBN 172509) Matthew P. Minser Esq. (SBN 296344) SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 San Francisco, California 94104 Telephone: (415) 882-7900 Facsimile: (415) 882-9287 Email: mstafford@sjlawcorp.com Email: mminser@sjlawcorp.com Attorneys for Plaintiffs, District Council 16 Northern California Health and Welfare Trust Fund, et al. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 DISTRICT COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WELFARE TRUST FUND, et al., 13 14 15 16 Case No.: 4:17-cv-03327-HSG PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER THEREON Plaintiffs, v. Date: Time: Location: Courtroom: Judge: RBE CONSTRUCTION INC., a California corporation, doing business as SLINGSHOT DRYWALL, 17 September 12, 2017 2:00 p.m. 1301 Clay Street, Oakland, CA 2, 4th Floor Haywood S. Gilliam, Jr. Defendant. 18 19 Plaintiffs herein respectfully submit their request that the Case Management Conference, 20 currently on calendar for September 12, 2017, be continued for approximately 60 – 90 days. Good cause 21 exists for the granting of the continuance, as follows: 22 1. As the Court’s records will reflect, this action was filed on June 8, 2017 (Dkt. #1). 23 2. The process server hired by Plaintiffs’ counsel to serve Defendant with the Summons and 24 Complaint in this matter informed me today that Defendant was personally served with the Summons 25 and Complaint on August 29, 2017, and that a signed Proof of Service would be provided to my office 26 today. Upon receipt of the signed Proof of Service of Summons, Plaintiffs will immediately file same 27 with the Court. 28 1 PLAINTIFFS’ REQUEST TO CONTINUE CMC; ORDER THEREON C:\Users\rileyn\AppData\Local\Temp\notes06E812\17-cv-03327-HSG - Request to Continue CMC 090517.docx Case No.: 4:17-cv-03327-HSG 1 3. Defen ndant was re ecently serve and Defe ed endant’s resp ponsive plea ading is not yet due. As t 2 Defendan has not ye filed an ap nt et ppearance, th are no i here issues that n need to be ad ddressed by the parties at a 3 the curre ently schedul Case Ma led anagement Conference. I the intere of conser C In est rving costs a well as the as e 4 Court’s time and resources, Plaintiffs res r P spectfully r equest that the Court continue t the currently y 5 scheduled Case Man nagement Conference to allow su C t ufficient tim for Defen me ndant to res spond to the e 6 Complain and for th parties to discuss reso nt, he olution of thi matter wit is thout the nee for furthe litigation. ed er 7 I declare und penalty of perjury th I am the attorney for the Plainti in the ab der o hat r iffs bove entitled d 8 action, an that the fo nd oregoing is true of my ow knowled t wn dge. 9 DATED: September 5, 2017 : SALT TZMAN & J JOHNSON L LAW CORP PORATION 0 10 By: 11 12 2 /S/ Matth P. Minse hew er Attorn neys for Plai intiffs, Distr Council 16 Nor. rict Califo ornia Health and Welfare Trust Fund et al. h d, 13 IT IS SO ORD T DERED. 14 4 The currently set Case Management Conference is hereby c T y M continued to October 3, 2017 at 2:00 0 15 p.m., and all previously set deadl d lines and dat related to this case ar continued accordingly tes o re d y. 16 6 DATED: Sep D ptember 6, 2017 2 17 18 9 19 ____ __________ ___________ ________ Hay ywood S. Gil lliam, Jr. Uni States D ited District Judge e 20 0 21 22 2 23 24 4 25 26 6 27 28 2 PLAINTI IFFS’ REQUE TO CONT EST TINUE CMC; ORDER TH HEREON C:\Users\rileyn\Ap ppData\Local\Temp\note es06E812\17-cv-03327-HSG - Request to Conti inue CMC 090517.docx Case No.: 4:17-cv-03327 7-HSG

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