Orange County Electrical Industry Health and Welfare Trust Fund et al v. GC Electric Inc

Filing 16

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 14 . Case Management Conference set for 6/17/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 5/11/11. (dlm, COURT STAFF) (Filed on 5/11/2011)

1
2
3
4
5

RICHARD K. GROSBOLL, Bar No. 99729
BENJAMIN K LUNCH, Bar No. 246015
CHLOE QUAIL, Bar No. 262797
NEYHART, ANDERSON, FLYNN & GROSBOLL
369 Pine Street, Suite 800
San Francisco, CA 94104-6702
TEL: [phone]
FAX: [phone]
Email: [e-mail]

6
7

Attorneys for Plaintiffs

8

UNITED STATES DISTRICT COURT
9

FOR THE NORTHERN DISTRICT OF CALIFORNIA
10

(San Jose Division)

11

ORANGE COUNTY ELECTRICAL
INDUSTRY HEALTH AND WELFARE
TRUST FUND; LOCAL UNION NO. 441
OF THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
WORKERS; and DOUGLAS CHAPPELL, as
Trustee of the above TRUST FUND,

Case No. 11-cv-00576-JF

Plaintiffs,

Location:

18

vs.

19

G & G ELECTRIC, INC., a California
corporation, dba GC ELECTRIC ,

Courtroom:
Judge:

12
13
14
15
16
17

20
21

ADMINISTRATIVE MOTION TO
CONTINUE CASE MANAGEMENT
CONFERENCE

[Local Rule 7-11]
280 South 1st Street
San Jose, CA 95113
Courtroom 3, 5th Floor
Hon. Jeremy Fogel

Defendant

22
23
24
25
26
27
NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-1ADMINISTRATIVE MOTION RE: CONTINUE CMC
Case No. 11-cv-00576-JF

ADMINISTRATIVE MOTION

1

Pursuant to Civil Local Rule 7-11, Plaintiffs respectfully move this Court to continue the

2
3

Case Management Conference presently set for hearing on May 13, 2011 at 10:30 a.m. to a date on

4

or after June 17, 2011.

5

Plaintiffs make this request on the following grounds: this case is an ERISA collection
6
7

case. Defendant G & G ELECTRIC, INC. dba GC ELECTRIC (“Defendant”) provides electrical

8

contracting services pursuant to a collective bargaining agreement which requires that Defendant

9

make fringe benefit contributions to Plaintiffs and Defendant was delinquent in making those

10

required fringe benefit contributions. (Quail DCN ¶ 3). Defendants have not appeared in this

11

action, but have responded to all of Plaintiffs’ counsel’s communications with regard thereto.

12

(Quail DCN ¶ 4).
13

Though Defendant is not active in the litigation, it is responsive to Plaintiffs’ attempts to

14
15

collect the outstanding debt outside of the current litigation and has paid a large portion of the

16

amounts due. (Quail DCN ¶ 5). Defendant promised to pay the remaining amounts in the next 30

17

days. (Quail DCN ¶ 5). Plaintiffs believe that it is in the interests of judicial economy to have the

18

Case Management Conference continued to a date on or after June 17, 2011 to afford the Parties

19

the opportunity to engage in further settlement efforts before significant Case Management efforts
20
21

are undertaken. (Quail DCN ¶ 6).

22
23
24

//

25

//
26
27
NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

//

-2ADMINISTRATIVE MOTION RE: CONTINUE CMC
Case No. 11-cv-00576-JF

1

As discussed above, Defendant has chosen not to appear in this action. However,

2

Defendant will not be prejudiced by any continuance of the Case Management Conference because

3

of that lack of appearance.

4
5

Dated: April 28, 2011

Respectfully submitted,

6

NEYHART, ANDERSON,
FLYNN & GROSBOLL

7
8
9

By:
10
11

____/s/ Chloe Quail_________
CHLOE QUAIL
Attorney for Plaintiffs

12
13

Case management conference continued to 6/17/11 at 10:30 a.m.

14

IT IS SO ORDERED.

15
16
17

Dated: 5/11/11

_________________________________
Hon. Jeremy Fogel
United States District Judge

18
19
20
21
22
23
24
25
26
27
NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-3ADMINISTRATIVE MOTION RE: CONTINUE CMC
Case No. 11-cv-00576-JF

1

PROOF OF SERVICE BY MAIL

2
3

I, the undersigned, declare:

4

I am employed in the City and County of San Francisco, State of California. I am over the

5

age of 18 years and not a party to the within action; my business address is 369 Pine Street, Suite
6
7
8

800, San Francisco, California 94104. On April 28, 2011, I served the within:
PLAINTIFFS’ ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT
CONFERENCE

9

on the parties in said cause following our business practice, with which I am readily familiar. On
10

the same day that correspondence is placed for collection and mailing, it is deposited in the
11

ordinary course of business with the United States Postal Service in a sealed envelope with postage

12

fully prepaid. I placed a true copy of the within document enclosed in a sealed envelope with first

13

class postage thereon fully prepaid for collection and deposit on the date shown below in the

14

United States mail at San Francisco, California addressed as follows:

15
16
17

Gilberto Chavez
G & G ELECTRIC INC
4229 GILES COURT
RIVERSIDE, CA 92503

18
19
20

I declare under the penalty of perjury that the foregoing is true and correct, and that this
declaration was executed on April 28, 2011, at San Francisco, California.

21
22

__________/s/ Chloe Quail______________
CHLOE QUAIL

23
24
25
26
27
NEYHART, 28
ANDERSON,
FLYNN &
GROSBOLL
ATTORNEYS AT LAW

-4ADMINISTRATIVE MOTION RE: CONTINUE CMC
Case No. 11-cv-00576-JF