The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Court Judge
JOINT CASE MANAGEMENT CONFERENCE STATEMENT and REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON Date: June 29, 2012 Time: 1:30 p.m. Ctrm: 11, 19th Floor Judge: Honorable Jeffrey S. White Plaintiffs and Defendant Fremont Paving Company, Inc. herein respectfully submit their Joint Case Management Statement, requesting that the Case Management Conference, currently 23 on calendar for June 29, 2012, be continued for approximately 30 days. 24
1. As the Court's records will reflect, this action was filed on September 6, 2011, to 25 compel Defendants to comply with their Collective Bargaining Agreement. 26 2. As the Court's records will further reflect, service of process on Defendant Fremont Paving Company, Inc. was effectuated on September 12, 2011. A Proof of Service of Summons 28 was filed with the Court on October 4, 2011 (Dkt. #9).
2 of Defendant Fremont Paving Company, and filed a Stipulation to Extend The Time Within 3 3. Robert E. Carey, Jr., Esq. of Carey & Carey Law Corporation appeared on behalf Which Defendants May Answer or Otherwise Respond to The Complaint (Dkt. #12) with the 4 Court on October 12, 2011. Plaintiffs granted additional extensions of time for Defendant Fremont 5 Paving Company to respond to the Complaint thereafter. 6
4. Plaintiffs filed their First Amended Complaint on April 5, 2012 (Dkt. #19).
5. Service of process on Defendant Brittany Danielle Lebon was effectuated on April 11, 2012, and a Proof of Service of Summons was filed with the Court on April 17, 2012 (Dkt. 9 #21). 10
6. On May 8, 2012, the Court entered the default of Defendant Brittany Danielle Lebon (Dkt. #25). To date, Defendant Brittany Danielle Lebon has failed to plead or otherwise 12 defend or appear in this action. Therefore, Plaintiffs are currently preparing a Motion for Default
Judgment as to Brittany Danielle Lebon, which they anticipate filing with the Court promptly. 14
15 negotiations regarding possible settlement by payment plan, and require an additional 30 days to 16 determine whether an agreement can be reached. Should the matter fail to settle within that time 17 period, Plaintiffs intend to file a Motion for Summary Judgment as to Defendant Fremont Paving 18 Company, Inc. 19
7. Plaintiffs and Defendant Fremont Paving Company have been in continuous
8. 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 3 resources, Plaintiffs respectfully request that the Case Management Conference, currently 4 scheduled be continued for 30 days. 5
Dated: June 21, 2012 SALTZMAN &
JOHNSON LAW CORPORATION
Michele R. Stafford
Attorneys for Plaintiffs
Dated: June 21, 2012 CAREY &
CAREY, A LAW CORPORATION
Robert E. Carey, Jr.
Attorneys for Defendant Fremont Paving Company, Inc.
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management ...