The opinion of the court was delivered by: Judge: The Honorable Maxine M. Chesney
PLAINTIFFS' REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON
Date: Friday, February 15, 2013 Time: 10:30 a.m. Ctrm: 7, 19th Floor 15 450 Golden Gate Avenue San Francisco, California
Plaintiffs respectfully request that the Case Management Conference scheduled for February 15, 2013, at 10:30 a.m., be continued for approximately ninety (90) days, as follows: 20 1. As the Court's records will reflect, this action was filed on November 15, 2012 to 19 21 compel Defendant to comply with the terms of its Collective Bargaining Agreement. 22 2. A payment plan in the form of a stipulated judgment was drafted and sent to Defendant for execution on November 16, 2012 for contributions due for hours worked by 24 Defendant's employees during the months of August through October 2012. The payment plan 25 also included liquidated damages and interest accrued during that period, along with late-paid 26 contributions for May 2011 through July 2012. 27 28
3. Defendant did not execute the payment plan, but instead, submitted payment of
2 only contributions due, including a payment for only one of two accounts for November 2012. 3
The second account remains unpaid. 4
4. Further amounts are now delinquent for December 2012.
5. Because Defendant did not enter into the payment plan which included an
Acknowledgment of Service, Plaintiffs will now have the complaint, summons, and court 7 documents served. 8
6. In the event that Defendant fails to provide payment of all amounts owed, or to
9 enter into a payment plan, or answer the Complaint, Plaintiffs will request entry of Default and file 10 a Motion for Default Judgment. 11
7. Therefore, Plaintiffs respectfully request that the Case Management Conference be
12 continued for approximately ninety (90) days in order to allow for service and for sufficient time 13 to ...