UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
February 15, 2012
BRICKLAYERS AND ALLIED CRAFTWORKERS
LOCAL UNION NO. 3, AFL-CIO; TRUSTEES OF THE NORTHERN CALIFORNIA TILE INDUSTRY STATUS REPORT VACATION AND HOLIDAY TRUST FUND;
TRUSTEES OF THE NORTHERN CALIFORNIA TILE INDUSTRY PENSION TRUST;
TRUSTEES OF THE NORTHERN CALIFORNIA TILE INDUSTRY HEALTH AND WELFARE TRUST FUND;
TRUSTEES OF THE NORTHERN CALIFORNIA TILE INDUSTRY APPRENTICESHIP AND TRAINING TRUST FUND;
TILE INDUSTRY PROMOTION FUND OF NORTHERN CALIFORNIA, INC., A NOT-FOR-PROFIT CALIFORNIA CORPORATION;
TILE EMPLOYERS CONTRACT ADMINISTRATION FUND; TRUSTEES OF THE INTERNATIONAL UNION OF BRICKLAYERS AND
ALLIED CRAFTWORKERS PENSION FUND, PLAINTIFFS,
PETER SALVATORE VASSALLO, AS AN INDIVIDUAL AND DOING BUSINESS AS "INTERNATIONAL TILE & STONE";
AMERICAN CONTRACTORS INDEMNITY COMPANY, A CALIFORNIA CORPORATION, DEFENDANTS.
The opinion of the court was delivered by: James Maria-Elena Judge
Pursuant to the Court's Order of February 1, 2012 (Dkt. # 14), Plaintiffs hereby file this Status
Plaintiffs have recently engaged new counsel. Yesterday, February 13,
2012, Plaintiffs filed
4 a Substitution of Counsel, substituting McCarthy, Johnson & Miller
Law Corporation as their new 5 counsel of record. Plaintiffs' new
attorneys are still reviewing the files and becoming familiar with 6
the facts, procedural history and prior developments in the case.
Contrary to the assumption of Plaintiffs' prior counsel, Plaintiffs'
new counsel have determined
that Defendant Peter Salvatore Vassallo d/b/a International Tile &
Stone has no attorney. Rather, for 9 a time, said Defendant was being
represented informally by a non-attorney friend. Now, it is clear that
Defendant is representing himself. 11
According to Plaintiffs' prior Status Report (Dkt. #13), the parties
were negotiating terms of
settlement in December 2011. Plaintiffs' new counsel has been in
contact with Defendant to discuss 13 the status of the proposed
settlement agreement. It now appears that there are a number of issues
in 14 dispute.
Plaintiffs' new lawyers need some additional time to review the issues related to this matter and to negotiate terms of settlement. If the parties fail to reach agreement on a settlement agreement 17 and stipulation for entry of judgment, Plaintiffs will file a motion for default judgment by no later than 30 days from the date of this Status Report. 19
Respectfully submitted, McCARTHY JOHNSON & MILLER Dated: February 14, 2012 By: /s/ Diane Sidd-Champion DIANE SIDD-CHAMPION
Plaintiff shall file an updated status report or default judgment motion by March 15, 2012.
IT IS SO ORDERED
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