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Bay Area Painters and Tapers Pension Trust Fund, et al. v. N.J. Kann Painting

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


January 24, 2013

BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL. PLAINTIFFS,
v.
N.J. KANN PAINTING, INC., A CALIFORNIA CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Court

PLAINTIFFS' REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON Date: Wednesday, January 30, 2013 Time: 2:00 p.m. Ctrm: 2, 4th Floor 1301 Clay Street Oakland, CA

Judge: The Honorable Claudia Wilken

Plaintiffs respectfully request that the Case Management Conference scheduled for January 30, 2013, at 2:00 p.m., be continued for approximately sixty (60) days, as follows: 20

1. As the Court's records will reflect, this action was filed on October 29, 2012 to 21 compel Defendant to comply with the terms of its Collective Bargaining Agreement. Service on 22 Defendant was completed on October 30, 2012. A Proof of Service of Summons was filed with 23 the Court on November 6, 2012. [Docket No. 12.] 24

2. On or about December 20, 2012, Plaintiffs were contacted by Defendant's counsel 25 requesting an informal resolution. Plaintiffs have extended Defendant's time to file an Answer, to 26 provide Plaintiffs time to work with the fund administrator to confirm the total amount owed by 27 Defendant. 28

3. After amounts are confirmed, the parties anticipate that Defendant will enter into a payment plan to satisfy all amounts due, or in the alternative, Defendant can submit a lump sum 2 payment. 3

4. Therefore, Plaintiffs respectfully request that the Case Management Conference be 4 continued for approximately sixty (60) days in order to allow both parties sufficient time to 5 confirm the amounts due and the terms of the settlement. 6

5. There are no issues that need to be addressed by this Court at the currently 7 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 8 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled Case Management Conference. 10

6. Plaintiffs recognize that a case management conference statement is due seven days 11 in advance of the case management conference date and that the statement must include all 12 elements requested in the "Standing Order for All Judges of the Northern District of California -- 13 Contents of Joint Case Management Statement" pursuant to Local Rule 16-9. Should this Court 14 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly. 15

Dated: January 23, 2013 SALTZMAN & JOHNSON LAW CORPORATION 16 17 By: /s/ Muriel B. Kaplan 18 Attorneys for Plaintiffs

IT IS SO ORDERED. 23

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to _______________, and all related deadlines are 4/3/2013 extended accordingly. 25 26

20130124

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