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Bay Area Painters and Tapers Pension Trust Fund, et al v. Jimmy Charles Winchester

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


May 31, 2012

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL., PLAINTIFFS,
v.
JIMMY CHARLES WINCHESTER, INDIVIDUALLY AND DBA JIM'S PAINTING & PAPERING SERVICE AKA JIM'S PAINTING, DEFENDANT.

The opinion of the court was delivered by: Judge: The Honorable Charles R. Breyer

PLAINTIFFS' REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON

Date: Friday, June 8, 2012 Time: 8:30 a.m. Ctrm: 6, 17th Floor 450 Golden Gate Avenue San Francisco, California

Plaintiffs respectfully request that the Case Management Conference scheduled for June 8, 19 2012, at 8:30 a.m., be continued for approximately sixty (60) days, as follows: 20

1. As the Court's records will reflect, this action was filed on February 27, 2012 to 21 compel Defendant to submit payment for amounts found due on an audit of their payroll records 22 during the period of August 1, 2008 through June 30, 2011, and to submit contribution reports and 23 payments for the months of July 2011 through December 2011. Service on Defendant was 24 completed on March 11, 2012. A Proof of Service of Summons was filed with the Court on 25 March 21, 2012. [Docket No. 9.] 26

2. On May 30, 2012, the Clerk of the Court contacted this office to inquire about the 27 status of the case. Plaintiffs stated that we expect to file a Motion for Default Judgment within 28 sixty (60) days.

3. On or about March 29, 2012, Defendant sent a letter to Plaintiffs' counsel to refute 2 the findings of the audit. He stated that he had paid the travel time and gas mileage portion of the 3 audit along with the wages. Plaintiffs contacted the fund auditor regarding this issue and are in the 4 process of contacting Defendant for proof of payment. 5

4. Accordingly, Plaintiffs herein respectfully request that the Case Management 6 Conference, currently scheduled for June 8, 2012, be continued for sixty (60) days to allow 7 Defendant ample time to submit the requested additional documents, the fund auditor to revise the 8 report (if applicable), and allow Defendant a chance to pay, if necessary. If no payment is 9 received, Plaintiffs will file a Motion for Default Judgment. 10

5. There are no issues that need to be addressed by this Court at the currently 11 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 12 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 13 Case Management Conference. 14

Dated: May 31, 2012 SALTZMAN & JOHNSON LAW CORPORATION By: /s/ Blake E. Williams Attorneys for Plaintiffs

IT IS SO ORDERED. 19 20

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to _______________, and all related deadlines are August 10, 2012 extended accordingly.

IT IS SO ORDERED

THE HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT COURT

20120531

© 1992-2012 VersusLaw Inc.



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