UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
September 26, 2011
BOARD OF TRUSTEES OF THE NORTHERN CALIFORNIA FLOOR COVERING
INDUSTRY WELFARE FUND, ET AL.,
JOE WANG, INDIVIDUALLY, AND DBA J.W.
CARPET & FLOORING AND JOE WANG CARPET AND FLOORING, DEFENDANTS.
The opinion of the court was delivered by: Judge: The Honorable Jeffrey S. White
JOINT REQUEST TO CONTINUE CASE
[PROPOSED] ORDER THEREON
Date: October 14, 2011 Time: 1:30 p.m. Ctrm: 11, 19th Floor
The parties to the above-entitled action jointly request that the Case Management Conference, currently set for October 14, 2011, be continued to February 24, 2012. 20 1. As the Court's records will reflect, this action was filed on July 7, 2011, to compel 21 Defendants' compliance with the terms of their collective bargaining agreement by making 22 payment of amounts found due on an audit of their records for the period of November 1, 2007 23 through July 31, 2009. 24 2. Defendants, through their attorneys, waived service of the Summons, Complaint 25 and related documents, and a Waiver of service Returned Executed was filed with the Court on 26 July 15, 2011. [ECF 4.] 27
3. On August 18, 2011, Defendants filed an Answer to the Complaint. [ECF 11.]
4. The parties stipulated to mediation, and the Court issued an Order on September 22, 2011 granting the parties' stipulation selecting mediation and ordering mediation to be 3 completed within 120 days. [ECF 13 and 14.]
5. Accordingly, the parties respectfully request that the Case Management Conference, currently scheduled for October 14, 2011, be continued to February 24, 2012 to allow 6 mediation to be scheduled and to take place so that the parties can attempt to resolve this matter 7 without the necessity of further litigation. 8
6. 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 10 time and resources, the parties respectfully request that the Court continue the currently scheduled Case Management Conference.
Dated: September 23, 2011 SALTZMAN & JOHNSON LAW CORPORATION 13 14 By: /S/Shaamini A. Babu Shaamini A. Babu 15 Attorneys for Plaintiffs 16 Dated: September 23, 2011 SIMPSON GARRITY INNES AND JACUZZI 17 18 By: /S/Marina Gruber Marina Gruber 19 Attorneys for Defendants
BASED ON THE FOREGOING and GOOD CAUSE APPEARING, the Case
Management Conference currently set for October 14, 2011, is continued to February 24, 2012 at 23 1:30 p.m.
IT IS SO ORDERED.
THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT COURT JUDGE
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