JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON Date: April 14, 2011 Time: 3:00 p.m. Location: 450 Golden Gate Avenue San Francisco, CA Courtroom: 9, 19th Floor Judge: Honorable William H. Alsup
Plaintiffs and Defendant in the above-titled action jointly submit this Request to Continue the Case Management Conference, based on the following:
1. This is an action by Plaintiff Trust Funds to compel Defendant's compliance with an audit required by a Collective Bargaining Agreement to which he is signatory, and by the Trust Agreements incorporated therein.
2. Counsel for both parties previously met and conferred, and the requested audit has now been conducted. Thereafter, on March 15, 2011, a report detailing the amounts found due in the audit was mailed to Defendant, allowing 30 days for Defendant to make payment, or contest the findings. 2
3. Defendant's counsel, Matthew W. Quall, has advised Plaintiffs that a partial 3 payment toward the amounts found due has already been submitted by Defendant, and that an 4 additional partial payment will be submitted by April 15, 2011. Mr. Quall further advised that 5 Defendant is in the process of reviewing potential small discrepancies with regard to the remaining 6 amounts found due, which he intends to resolve by April 15, 2011. 7
4. Plaintiffs' billing allowed Defendant until April 15, 2011 for response and 8 payment. Therefore, in order to allow time for Defendant to submit additional payment to 9 Plaintiffs, and to complete his review and response to the report concerning the audit of his payroll 10 records, both parties respectfully request that the Case Management Conference, currently 11 scheduled for April 15, 2011, be continued for 30 days to allow resolution of the audit payment. If 12 resolved, Plaintiffs will dismiss this action. If resolution is not reached within 30 days from the April 15, 2011 due date, after that time, a Case Management Conference will address scheduling 14 of Plaintiffs' Motion for Summary Judgment.
5. There are no issues that need to be addressed by the parties at the currently 16 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 17 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 18 Case Management Conference.
Dated: April 7, 2011 SALTZMAN & JOHNSONLAW CORPORATION By: /S/ Muriel B. Kaplan Attorneys for Plaintiffs Dated: April 7, 2011 LANG, RICHERT & PATCH By: /S/ Matthew W. Quall Attorneys for Defendants
The currently set Case Management Conference is hereby continued to May 12, 2010, _______, and all previously set deadlines and dates rela
ted to this case are vacated, to be reset at