The opinion of the court was delivered by: Judge: The Honorable Jeffrey S. White
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON Date: November 16, 2012 Time: 1:30 p.m. Dept.: 11, 19th Floor
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 (Dkt. 21 #10). Defendant failed to file an Answer, and the Clerk entered Defendant's default on September 22 18, 2012 (Dkt. #19).
2. Since then, the parties reached a settlement by way of a Judgment Pursuant to Stipulation providing for a payment plan to allow Defendant to bring their account current by 25 making monthly payments to Plaintiffs. The Stipulation was filed with the Court on October 17, 26 2012 (Dkt. #21), and the Court issued a responsive Order (Dkt. #22) thereafter, stating that the 27 Stipulation was not acceptable because corporations may only appear in federal courts through 28 their licensed counsel.
3. Accordingly, Defendant provided Plaintiffs' counsel with the contact information 2 for their attorney. Plaintiffs' counsel sent multiple emails to Defendant's attorney, but did not 3 receive any response. Plaintiffs' counsel then discovered that Defendant's attorney had changed 4 law firms, and left a voicemail message for Defendant's attorney today.
4. Plaintiffs respectfully request that the Case Management Conference, currently scheduled for November 16, 2012, be continued for 30 days to allow time for Defendant's counsel 7 to formally represent them in this action, and for the parties to file a revised Stipulation with the Court. 9
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 8th day of November, 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 December 14, 2012 1:30 p.m. lines are hereby extended 23 accordingly. 24
Date: at All related dead
UNITED STATES DISTRICT ...