UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
May 31, 2011
BAY AREA PAINTERS AND TAPERSPENSION TRUST FUND, ET AL.,
AND CASE MANAGEMENT RIVER VIEW CONSTRUCTION INC., A CONFERENCE STATEMENT
CALIFORNIA CORPORATION, AND GREGORY GORESHNIK, AN INDIVIDUAL,
The opinion of the court was delivered by: Judge: The Honorable Claudia Wilken
PLAINTIFFS' REQUEST TO CONTINUE
CASE MANAGEMENT CONFERENCEand ORDER THEREON;
Time: 2:00 p.m. Ctrm: 2, 4th Floor
Statement and request that the Case Management Conference, currently on calendar for May 31, 2011, be 20 continued for approximately 60-90 days.
Plaintiffs herein respectfully submit their Case Management Conference
1. As the Court's records will reflect, this action was filed on February 22, 2011 to compel Defendants' compliance with their Collective Bargaining Agreement. Service on Defendants was effectuated on February 25, 2011. A Proof of Service of Summons was filed with 24 the Court on March 3, 2011. Defendants have failed to Answer or otherwise appear in this action 25 to date.
2. Defendants contacted Plaintiff's counsel and have thus far been cooperative in working with Plaintiffs to satisfy the amounts owed. To date, Plaintiffs have recovered the 28 majority of contributions due, and Defendants have advised that the remaining amounts due for contributions will be paid by the end of this month. Plaintiffs are currently calculating the 2 additional amounts owed for liquidated damages and interest, and will advise Defendant of the 3 amount owed shortly.
3. Plaintiffs anticipate settlement of this matter in the near future.
4. Accordingly, Plaintiffs respectfully request that the Case Management Conference, currently scheduled for May 31, 2011, be continued for 60-90 days to allow Defendants to pay the remaining amounts owed. If discussions between the parties are unsuccessful in resolving this matter, Plaintiffs anticipate filing a Request for Default Entry followed by a Motion for Default Judgment (or Motion for Summary Judgment should Defendant file an Answer). If resolved, Plaintiffs will dismiss this action upon verification of bank clearance of Defendants' final 11 payment.
5. 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 14 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 24th day of May 2011, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION By: /S/ Blake R. Williams Attorneys for Plaintiffs
IT IS SO ORDERED.
The currently set Case Management Conference is hereby continued to at . All related deadlines are continued 26 accordingly.
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT COURT JUDGE
PROOF OF SERVICE
I, the undersigned, declare:
1. I am a citizen of the United States and am employed in the County of San
Francisco, State of California. My business address is 44 Montgomery Street, Suite 2110, San Francisco, California 94104.
2. I am over the age of eighteen and not a party to this action.
3. On May 24, 2011, I served the following document(s):
PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON; and CASE MANAGEMENT CONFERENCE STATEMENT
10 on the interested parties in said action by enclosing a true and exact copy of each document in a 11 sealed envelope and placing the envelope for collection and mailing following our ordinary 12 business practices. I am readily familiar with this business' practice for collecting and processing 13 correspondence for mailing. On the same day that correspondence is placed for collection and 14 mailing, it is deposited in the ordinary course of business with the United States Postal Service in 15 a sealed envelope with postage fully prepaid. 16
4. The envelopes were addressed and sent via First Class U.S. Mail as follows: River View Construction, Inc. Gregory Goreshnik 4003 Seaport Blvd. 4003 Seaport Blvd.
West Sacramento, CA 95691 West Sacramento, CA 95691
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on May 24, 2011, at San Francisco, California.
Elise Thurman Paralegal
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