REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON Date: September 21, 2012 Time: 1:30 p.m. Dept.: 11, 19th Floor Judge: The Honorable Jeffrey S. White Plaintiffs hereby submit their Case Management Conference Statement as follows:
1. As the Court's records will reflect, this action was filed on April 10, 2012 (Dkt. #1) 19 to compel Defendant's compliance with its collective bargaining agreement. Service on Defendant 20 was effectuated on June 29, 2012. A Proof of Service of Summons was filed with the Court on 21 July 2, 2012 (Dkt. #10). Defendant's Answer was due on July 20, 2012, however, no Answer was 22 filed. 23
2. The Court continued the previous Case Management Conference set for July 20, 2012 to allow time for the parties to discuss settlement of this matter by way of a Judgment 25 Pursuant to Stipulation providing for a payment plan to allow Defendant to bring their account 26 current by making monthly payments to Plaintiffs.
3. Since then, Defendant made a partial payment to Plaintiffs toward the amounts 24 28 owed. Plaintiffs then provided Defendant with a proposed Judgment Pursuant to Stipulation for payment of the remaining amounts owed. However, Defendant failed to sign the Stipulation or 2 respond in any way to Plaintiffs' counsel's proposal. Plaintiffs have therefore prepared a Request 3 for Entry of Default, which is being filed concurrently with this Request.
4. Accordingly, Plaintiffs respectfully request that the Case Management Conference, 5 currently scheduled for September 21, 2012, be continued for 60 days to allow for additional 6 settlement efforts and/or for Defendant to request that their default be overturned, and file an 7 Answer. If settlement efforts fail and Defendant fails to appear in the lawsuit, Plaintiffs' counsel 8 anticipates preparation and filing of a Motion for Default Judgment with the Court.
5. There are no issues that need to be addressed by the parties at the currently 10 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 11 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 12 Case Management Conference. 13 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 14 entitled action, and that the foregoing is true of my own knowledge. 15 Executed this 14th day of September, 2012, at San Francisco, California.
SALTZMAN & JOHNSON LAW CORPORATION By: /S/ Blake E. Williams Attorneys for Plaintiffs
The currently set Initial Case Management Conference is hereby continued to at _______________. All related dead November 16, 2012 1:30 p.m. lines are hereby extended accordingly.
UNITED STATES DISTRICT COURT JUDGE
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