UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
February 6, 2012
BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL. PLAINTIFFS,
MGM DRYWALL, INC., A CALIFORNIA CORPORATION, AND MIGUEL GUILLEN RAMIREZ AKA MIGUEL RAMIREZ GUILLEN, AN INDIVIDUAL,
The opinion of the court was delivered by: Honorable Charles R. Breyer
CRB PLAINTIFFS' CASE MANAGEMENT STATEMENT and; REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON
Date: February 10, 2012 Time: 8:30 a.m. Ctrm: 8, 19th Floor, San Francisco Judge:
Plaintiffs herein respectfully submit their Case Management Statement, requesting that the 18 Case Management Conference, currently on calendar for February 10, 2012, be continued for 19 approximately 60 days. 20 1. As the Court's records will reflect, this action was filed on August 24, 2011.
Service on Defendants was effectuated on November 17, 2011, and A Proof of Service of 22
Summons on was filed with the Court on November 21, 2011. Defendants failed to plead or 23 otherwise respond to the lawsuit, and the Clerk entered default as to both Defendants on December 24 16, 2011.
2. The parties have been in almost constant contact to discuss resolution of this 26 matter. At Defendants request, Plaintiffs prepared a draft Judgment Pursuant to Stipulation 27 ("Stipulation") providing for a twelve month payment plan relative to all amounts due and owing 28 to Plaintiffs and emailed and mailed said Stipulation Defendants on December 12, 2011. In response, Defendants paid the delinquent contributions, but refused to sign the Stipulation. 2
3. Plaintiffs' counsel has advised Defendants of the remainder due for liquidated 3 damages, interest, and attorneys' fees and costs and requested payment of those amounts on 4 multiple occasions, but Defendants have failed to respond. Most recently, on January 24, 2011, I 5 sent a letter to Defendants requesting that Defendants pay the remainder due within ten days of the 6 date of the letter. To date, Defendants have not responded. 7
4. Should Defendants fail to either promptly submit payment in full, or enter into a 8 payment plan for the remainder due, Plaintiffs anticipate preparing a Motion for Default Judgment 9 and filing said Motion with the Court. 10
5. Accordingly, Plaintiffs respectfully request that the Case Management Conference, 11 currently scheduled for February 10, 2012, be continued for 60 days to allow time for Defendants 12 to pay the remainder due, or in the alternative, for Plaintiffs to prepare, serve and file their Motion. 13
6. There are still no issues that need to be addressed by the parties at the currently 14 scheduled Case Management Conference. In the interest of conserving costs, as well as the Court's 15 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 16
Case Management Conference. 17
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 18 entitled action, and that the foregoing is true of my own knowledge. 19
Executed this 2nd day of February, 2012, at San Francisco, California. 20
SALTZMAN & JOHNSON LAW
By: /S/ Michele R. Stafford Attorneys
IT IS SO ORDERED. 24 25
The currently set Case Management Conference is hereby continued to _________ at April 24 8:30a. 26
_____, and all previously set deadlines and dates related to this case are continued accordingly.
THE HONORABLE CHARLES
D R. BREYER
UNITED STATES DISTRICT
I N IT IS COURT
N R. Breyer
O Judge Charles
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