The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Court Judge
PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
Date: December 16, 2011 Time: 1:30 p.m. Ctrm: 11, 19th Floor Judge: Honorable Jeffrey S. White
Plaintiffs herein respectfully submit their Case Management Statement, requesting that the Case Management Conference, currently on calendar for December 16, 2011, be continued for 19 approximately 60 -- 90 days.
1. As the Court's records will reflect, this action was filed on September 6, 2011, to 21 compel Defendants to comply with their Collective Bargaining Agreement. 22
2. As the Court's records will further reflect, service of process on Defendants was 23 effectuated as follows: Fremont Paving Company and Ellen Marie Lebon were served on 24 September 12, 2011; Donald Allen Lebon was served on September 14, 2011; Joseph James 25 Lebon was served on October 7, 2011. Proofs of Service of Summons were filed with the Court 26 on October 4, 2011 (Dkt. #9) and October 7, 2011 (Dkt. #11).
3. Since then, the parties have been in contact. Robert E. Carey, Jr., of Carey & Carey Law Corporation advised Plaintiffs' counsel that he was retained to represent the Defendants in this matter, and requested an extension of time to answer or otherwise respond to the Complaint, 2 to November 18, 2011. Plaintiffs' counsel granted that request, and executed a Stipulation to that 3 effect on October 12, 2011. Since then, Plaintiffs' counsel granted Defendants an additional 4 extension of time to answer or otherwise respond to the Complaint. 5
4. Defendants were unaware of the extent of their debt to the Trust Funds as the 6 individual responsible for payment of Trust Fund contributions had been systematically converting 7 the contributions for her own use. The parties are working together to ascertain the extent of the 8 embezzlement, pursue prosecution of the individual responsible and work out a method for the 9 contributions to be paid. Due to this unusual fact pattern, discovery is being done informally and 10 cooperatively. 11
5. There are no issues that need to be addressed at the currently scheduled Case Management Conference. In the interest of conserving costs as well as the Court's time and 13 resources, Plaintiffs respectfully request that the Case Management Conference, currently 14 scheduled for December 16, 2011, be continued for 60-90 days to allow time for Defendants to file 15 their Answer.
Dated: December 9, 2011
SALTZMAN & JOHNSON LAW CORPORATION
Michele R. Stafford
Attorneys for Plaintiffs
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to _____________________________. All related
April 6, 2012 at 1:30 p.m. deadlines are extended accordingly. 24 25
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