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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


October 9, 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: The Honorable CH U T Arles R. Breyer United States District Court

PLAINTIFFS' REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON Date: Friday, October 12, 2012 Time: 8:30 a.m. Ctrm: 6, 17th Floor 450 Golden Gate Avenue San Francisco, California Judge: The Honorable Charles R. Breyer Plaintiffs respectfully request that the Case Management Conference currently scheduled 19 for October 12, 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 Defendant for proof of payment. 4

4. Defendant finally submitted the requested documentation in late July. The Trust Funds' auditor has been working with Defendant to make final determinations as to the amounts 6 due and compile a final draft of the audit correctly detailing the amounts Defendant owes the Trust 7

Funds. 8

5. Defendant has recently indicated to Plaintiffs that he will be willing to enter into a 9 payment plan with Plaintiffs once the audit is completed, though the details of the payment plan 10 have not been finalized at this time. 11

6. Accordingly, Plaintiffs herein respectfully request that the Case Management 12 Conference, currently scheduled for October 12, 2012, be continued for sixty (60) days to allow 13 for the audit to be completed and a payment plan to be finalized with Defendant. If an agreement 14 as to a payment plan cannot be reached, Plaintiffs will file a Motion for Default Judgment. 15

7. There are no issues that need to be addressed by this Court at the currently 16 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 17 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 18 Case Management Conference. 19

Dated: October 5, 2012 SALTZMAN & JOHNSON LAW CORPORATION By: /s/ Blake E. Williams Attorneys for Plaintiffs

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case 25 23 Management Conference is hereby continued to _______________, and all related deadlines are Dec. 14, 2012 at 8:30 extended accordingly. 26

IT IS SO ORDERED. 24

Date:

P:\CLIENTS\PATCL\Jim's Painting & Papering Service 2\Pleadings\C12-0994 CRB - Request to Continue CMC 100512.docx RN F

20121009

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