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
The currently set Case Management Conference is hereby continued to at . All related deadlines are ...