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Bay Area Painters and Tapers Pension Trust Fund v. Interior Partitions

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 9, 2010

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL., PLAINTIFFS,
v.
INTERIOR PARTITIONS, INC., A CALIFORNIA CORPORATION, AND JOHN HENRY KOOGLE, AN INDIVIDUAL; DEFENDANTS.

The opinion of the court was delivered by: Judge Honorable Jeffrey S. White

PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON

Date: June 18, 2010

Plaintiffs herein respectfully submit their Case Management Statement, requesting that the Case Management Conference, currently on calendar for June 18, 2010, be continued for approximately 60 days.

1. As the Court's records will reflect, the Complaint in this action was filed on March 1, 2010, and an Amended Complaint was filed on March 17, 2010 adding John Henry Koogle as an individual Defendant.

2. Defendant Interior Partitions, Inc. was served by mail on March 26, 2010, with the Amended Summons, Amended Complaint and related documents, following three attempts at service on the corporate defendant. A Proof of Service and Declaration re Diligence was filed with the Court on April 1, 2010.

3. Defendant John Henry Koogle. was also served by mail on March 26, 2010, with the Amended Summons, Amended Complaint and related documents, following three attempts at service on the individual defendant. A Proof of Service and Declaration re Diligence was filed with the Court on May 6, 2010.

4. The Clerk entered the default of Defendant Interior Partitions, Inc. on May 19, 2010.

5. On May 27, 2010, Plaintiffs filed a Notice of Automatic Stay Under 11 U.S.C. Section 362 as to Defendant John Henry Koogle only, pursuant to that individual Defendant's bankruptcy filing on May 13, 2010. Accordingly, at this time Plaintiffs' action will proceed against Defendant Interior Partitions, Inc. only.

6. Plaintiffs anticipate filing their Motion for Default Judgment against the corporate Defendant within three to four weeks. Accordingly, Plaintiffs respectfully request that the Case Management Conference, currently scheduled for June 18, 2010, be continued to either coincide with the date set for the Motion; or continued for 60 days to allow disposition of the Motion; or vacated entirely.

7. There are no issues that need to be addressed by the parties at the currently scheduled Case Management Conference. In the interest of conserving costs as well as the Court's time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled Case Management Conference.

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 8th day of June, 2010, at San Francisco, California.

SALTZMAN & JOHNSON LAW CORPORATION Blake E. Williams Attorneys for Plaintiffs

IT IS SO ORDERED.

The currently set Case Management Conference is hereby continued to __________________________ at __________________, and all previously set deadlines and July 16, 2010 1:30 p.m. dates related to this case are continued accordingly.

If Plaintiffs file a motion for default judgment before that date, the case management conference shall be vacated.

HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE

20100609

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