The opinion of the court was delivered by: Judge: The Honorable William H. Alsup
NORTHERN CALIFORNIA FLOOR COVERING INDUSTRY REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE and JOE WANG CARPET and FLOORING
Saltzman & Johnson Law Corporation is counsel for Plaintiffs Board of Trustees of the Northern California Floor Covering Industry Welfare Fund, et al. ("Funds" or "Plaintiffs") and substituted as counsel on June 12, 2008. Defendant Joe Wang, individually and dba J W Carpet & Flooring and Joe Wang Carpet and Flooring ("Defendant") is appearing in this action in pro per.
The parties are still engaged in settlement discussions regarding all contributions, liquidated damages, and interest owed by Defendant pursuant to the terms of the collective bargaining agreement ("Bargaining Agreement") and the governing trust agreements incorporated therein. Defendant requested a waiver of liquidated damages and asserted that work was performed by one of its employees that was not covered by the Bargaining Agreement and thus, it is not obligated to pay all contributions Plaintiffs claim is owed by Defendant. Plaintiffs are considering the request for waiver of liquidated damages and the administrator for the Plaintiffs' fund is in the process of recalculating the sums owed by Defendant. Plaintiffs claim that Defendant is obligated to pay contributions for all hours worked by all of Defendant's employees pursuant to the Bargaining Agreement and relevant case law.
The parties are attempting to resolve their dispute regarding the balance owed by the Defendant to Plaintiffs in anticipation of entering into a stipulated judgment in this action. In the event that the settlement negotiations are unsuccessful, Plaintiffs will file a motion for summary judgment.
Plaintiffs therefore, respectfully request that the Case Management Conference, currently scheduled for September 10, 2008, be continued for sixty (60) days to allow the parties ample opportunity to resolve their differences and enter into a stipulated judgment. It is furthermore requested that all previously set deadlines and dates related to this case be continued as well.
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above entitled action, and that the foregoing is true of my own knowledge.
Executed this 3rd day of September, 2008, at San Francisco, California.
The currently set Case Management Conference is hereby continued to _______________________ at __________________. All related d October 2, 2008 11AM eadlines are extended accordingly.
This is the last continuance that will be granted.