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Bay Area Painters and Tapers Pension Trust v. Ashley Hawley Rhodes

January 3, 2013

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, AND ITS BOARD OF TRUSTEES; LES PROTEAU AND CHARLES DEL MONTE, TRUSTEES;
PLAINTIFFS,
v.
ASHLEY HAWLEY RHODES, INDIVIDUALLY AND DBA ASHLEY H. RHODES COMPANY; ASHLEY H. RHODES CO., LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; AND DOES 1-20;
DEFENDANT.



The opinion of the court was delivered by: Honorable Elizabeth D. Laporte United States Magistrate Judge

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER MODIFIED

This action arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Multiemployer Pension Plan Amendments Act of 1980 (29 U.S.C 21 §§1001-1461 (1982)), to recover withdrawal liability amounts owed by Defendants ASHLEY 22 HAWLEY RHODES, individually and dba ASHLEY H. RHODES COMPANY and ASHLEY H. 23 RHODES CO., LLC, a California limited liability company (collectively, "Defendants") to 24 Plaintiffs Bay Area Painters and Tapers Pension Trust Fund and its Board of Trustees: Les Proteau 25 and Charles Del Monte (collectively "Plaintiffs"). 26

1. On October 31, 2012, Plaintiffs filed a Complaint in this matter. Dkt. #1. Service 27 was personally effectuated on Defendants on December 7, 2012. However, Proofs of Service of 28

Summons have not been filed with the Court because the Proofs have not been received from the 2 process server to date. 3

2. The deadline for Defendants to file a responsive pleading was on December 28, 2012. Plaintiffs anticipate filing a Request for Entry of Default against the Defendants. 5

3. The Initial Case Management Conference in this action has been set by the Court 6 for January 29, 2013, with a Case Management Statement due on January 22, 2013, and a meet 7 and confer and ADR certification required by January 8, 2013. 8

4. The requested extension will modify the ADR Scheduling Order filed on October 31, 2012 (Dkt #3). There are no issues that need to be addressed at the currently scheduled Case 10 Management Conference, since no defendant has appeared. 11

5. Plaintiffs believe that the requested continuance would promote the interests of 12 judicial economy and fairness, and will help effectuate a just, speedy and inexpensive 13 determination of this action. See FED. R. CIV. P. 1.

6. Plaintiffs respectfully request that the Case Management Conference, currently 15 scheduled for January 29, 2013, and all related dates, be continued for 90 days. 16

Dated: January 3, 2013 SALTZMAN & JOHNSON LAW CORPORATION By: /S/ JULIE A. RICHARDSON Attorneys for Plaintiffs, BAY AREA PAINTERS & TAPERS PENSION TRUST FUND, et al.

ORDER

Based on the foregoing Stipulation of the parties, IT IS HEREBY ORDERED that the 3:00 p.m. currently set Case Management Conference is hereby continued to April 30, 2013 at 10:00 5 a.m. All related deadlines are extended accordingly. 6

IT IS SO ORDERED.

PROOF OF ...


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