UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
March 1, 2012
BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL., PLAINTIFFS,
AU TECHNOLOGIES, INC., A MICHIGAN DOMESTIC PROFIT CORPORATION,
The opinion of the court was delivered by: Judge: Honorable Charles R. Breyer
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE and [PROPOSED] ORDER THEREON
Date: March 9, 2012 Time: 8:30 a.m. Location: 450 Golden Gate Avenue San Francisco, CA Ctrm: 6, 17th Floor
1. As the Court's records will reflect, this action was filed on June 16, 2011 (Dkt. #1) 19 to compel Defendants' compliance with its collective bargaining agreement. Service on 20 Defendant was effectuated on July 14, 2011. A Proof of Service of Summons was filed with the 21 Court on July 26, 2011 (Dkt. #9). Defendants failed to Answer or otherwise appear in this action 22 and, pursuant to Plaintiffs' request, the Clerk entered Default against Defendants on August 15, 23 2011 (Dkt. #12). Defendant was duly served with a copy of the Clerk's Notice of Default Entry, 24 and a Proof of Service of same was filed with the Court on August 16, 2011 (Dkt. #13). 25
2. The Court continued the previously set Case Management Conference to allow 26 time for the Plaintiff Trust Funds' to prepare, file and serve their Motion for Default Judgment. 27
3. As the Court's records will reflect, Plaintiffs' filed said Motion and supporting 28 documents (Dkt. #21-22) with the Court on February 27, 2012, and noticed the hearing for April 13, 2012, at 10:00 a.m., or as soon thereafter as the matter may be heard by the Court.
4. There are still therefore no issues that need to be addressed at the currently 3 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 4 time and resources, Plaintiffs respectfully request that the Case Management Conference, 5 currently scheduled for March 9, 2012, be continued to either coincide with the date to be set for 6 the Motion, or continued for 60 days to allow disposition of the Motion. 7
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 8 entitled action, and that the foregoing is true of my own knowledge.
Executed this 28th day of February, 2012, at San Francisco, California.
SALTZMAN & JOHNSON LAW
By: /S/ Blake E. Williams Attorneys for
IT IS SO ORDERED.
The currently set Initial Case Management Conference is hereby continued to ______________________ at _______________. All related dead May 11, 2012 8:30 a.m.
lines are hereby extended accordingly.
UNITED STATES DISTRICT COURT JUDGE THE HONORABLE CHARLES R. BREYER
IT IS SO ORDERED
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