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Bay Area Painters and Tapers Pension Trust Fund, et al v. Norman Hiawatha Linsy

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 30, 2011

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL., PLAINTIFFS,
v.
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 mkaplan@sjlawcorp.com 5 mstafford@sjlawcorp.com 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 accordingly.

THE HONORABLE WILLIAM H. ALSUP

UNITED STATES DISTRICT COURT JUDGE

20110630

© 1992-2011 VersusLaw Inc.



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