UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
June 30, 2011
BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL., PLAINTIFFS,
NORMAN HIAWATHA LINSY, INDIVIDUALLY AND DBA LINSY PAINTING & DECORATING, DEFENDANT
The opinion of the court was delivered by: Judge: The Honorable William Alsup
Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 (415) 882-7900 4 (415) 882-9287 -- Facsimile email@example.com 5 firstname.lastname@example.org 6 Attorneys for Plaintiffs 7 William S. Caspari, Esq. (SBN 121371) Caspari Law Office 8 2237 Pacific Avenue Alameda, CA 94501 9 (510) 316-9811 Williamcaspari@comcast.com 10 Attorneys for Defendants 11
JOINT CASE MANAGEMENT CONFERENCE STATEMENT / REQUEST TO CONTINUE ; ORDER
Date: July 7, 2011 Time: 3:00 p.m. Dept.: 9, 19th Floor
The parties hereby submit their Joint Case Management Conference Statement and Request to Continue:
1. Plaintiffs filed this action against Defendants to recover Trust Fund contributions owed by Defendants to Plaintiffs pursuant to their submitted monthly contribution reports and 25 amounts found due on audit of Defendants' records. Defendants retained a number of consultants (both before and after suit was filed) to evaluate the audit report, finally retaining counsel.
Documents were provided to Plaintiffs to demonstrate needed revisions to the audit report, and the 28 revisions were made accordingly. The revised report was provided to Defendants' counsel several weeks ago.
2. There are no legal disputes as Defendant admits liability to the Trust Funds. At the 3 present time, Defendants' counsel is getting up to speed and is reviewing Plaintiffs' revised audit 4 calculations for accuracy. The parties have also begun to discuss resolution of the claims. The 5 Defendant has requested a payment plan, and Plaintiffs have provided a draft Judgment Pursuant 6 to Stipulation for review and revision.
3. The parties stipulated to mediation, and were referred to mediation by this Court,although to date there has been no mediator assigned. In the unlikely event that this matter 9 does not resolve on its own, the parties will mediate the dispute.
4. In an effort to keep fees and costs to a minimum, the parties
jointly request that this matter be continued to allow for resolution and the filing of a
Stipulated Judgment. As there are 12 no liability dispute it is
anticipated that this matter will be resolved within 60 days.
IT IS SO ORDERED.
The currently set Case Management Conference is hereby continued
to and all previously set de
July 28, 2011,
adlines and dates related to this case are continued
THE HONORABLE WILLIAM H. ALSUP
UNITED STATES DISTRICT COURT JUDGE
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