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: December 14, 2012 th Dept.: 11, 19 Floor Time: 1:30 p.m. AS MODIFIED Judge: The Honorable Jeffrey S. White
Plaintiffs hereby submit their Case Management Conference Statement as follows: 18
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 24 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. 5
4. Since the Court continued the last Case Management Conference, which was 6 scheduled for November 16, 2012, counsel for both parties have been in contact, and have reached 7 an agreement to sign an amended Stipulation. Plaintiffs' counsel anticipates filing the fully 8 executed Stipulation with the Court within one week. 9
5. Plaintiffs respectfully request that the Case Management Conference, currently 10 scheduled for December 14, 2012, be continued for thirty (30) days to allow time for the parties to 11 file the amended Stipulation with the Court, and for entry of Judgment. 12
6. There are no issues that need to be addressed by the parties at the currently 13 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 14 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 15
Case Management Conference. 16
I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 17 entitled action, and that the foregoing is true of my own knowledge. 18
Executed this 7th day of December, 2012, at San Francisco, California. 19
SALTZMAN & JOHNSON LAW CORPORATION By: /S/ Blake E. Williams Attorneys for Plaintiffs
The Court VACATES the case management conference. If the parties are ...