UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
January 7, 2011
BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL., PLAINTIFFS,
DELTA CITY DRYWALL, INC., A CALIFORNIA CORPORATION; AND GREGORY DAVID MARTIN, INDIVIDUALLY,
The opinion of the court was delivered by: Judge: The Honorable Jeffrey S. White
PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; OR TO CONTINUE; [PROPOSED] ORDER THEREON
Time: 1:30 p.m.
Ctrm: 11, 19th floor,
Plaintiffs herein respectfully submit their Case Management Statement, requesting that the Case Management Conference, currently on calendar for January 7, 2011, be continued for approximately 60 -- 90 days.
1. As the Court's records will reflect, this action was filed on March 11, 2010 to compel Defendants' compliance with an audit of Defendants' records. Service on Defendants was effectuated on March 17, 2010. A Proof of Service of Summons was filed with the Court on March 24, 2010. Defendants failed to Answer or otherwise appear in this action and, pursuant to Plaintiffs' request, the Clerk entered Default against Defendants on April 9, 2010.
2. Defendants have submitted to the requested audit and the only issue remaining is payment of Plaintiffs' attorneys' fees and costs. Plaintiffs made a settlement offer to Defendants for partial payment of attorneys' fees and costs, however, Defendants have not accepted Plaintiffs' offer of settlement. Therefore, Plaintiffs are currently preparing a Motion for Default Judgment, which will be filed with the Court on or before January 7, 2011.
3. There are no issues that need to be addressed 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 Case Management Conference, currently scheduled for January , 2011, be vacated, or in the alternative be continued to either coincide with the date to be set for the Motion or continued for 90 days to allow disposition of the Motion.
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 30th day of December, 2010, at San Francisco, California.
SALTZMAN & JOHNSON LAW CORPORATION By: /S/ Blake E. Williams Attorneys for Plaintiffs
IT IS SO ORDERED.
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference and all related deadlines are hereby vacated.
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to All related deadlines are extended accordingly.
April 29, 2011
Date: January 3, 2011
THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE
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