UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
February 27, 2013
BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, ET AL.
RHODES PAINTING & DECORATING, INC. AKA RHODES PAINTING, A CALIFORNIA CORPORATION; AND LANETT DATE: MARCH 8, 2013 FERGUSON, AN INDIVIDUAL,
The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Court
REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON Time: 10:30 a.m. 7, 19th 18
Ctrm: Floor, San Francisco, CA Judge: The Honorable Maxine M. Chesney Plaintiffs herein respectfully submit their Case Management Statement, requesting that the Case Management Conference, currently on calendar for March 8, 2013 be continued for 90-120 22 days.
1. As the Court's records will reflect, a Complaint was filed in this matter on December 5, 2012, to compel Defendants' compliance with the terms of their Collective Bargaining Agreement, by paying contributions known to be due and complying with a requested 26 audit.
2. Service on Defendants was effectuated on December 19, 2012, and a Proof of Service of Summons was filed with the Court on January 2, 2013 [Dkt. No. 10].
3. On January 17, 2013, the Court entered the default of Defendants [Dkt. No. 12].
4. To date, Defendants have failed to plead or otherwise defend or appear in this action.
5. In accordance with the Collective Bargaining Agreement to which Defendants are signatory, the Trust Funds are currently conducting an audit of Defendants' records to determine 6 and confirm reporting and compliance with the Collective Bargaining Agreement to which they 7 are bound. [See also Complaint, ¶19 and Complaint, Prayer ¶2.] The audit report is expected to be 8 completed by or about the end of April 2013. Once the auditor has completed their report, 9
Plaintiffs will prepare and file a Motion for Default Judgment with the Court.
6. There are no issues that need to be addressed at the currently scheduled Case Management Conference. In the interest of conserving costs as well as the Court's time and 12 resources, Plaintiffs respectfully request that the Case Management Conference, currently 13 scheduled for March 8, 2013, be continued for 90-120 days, or to coincide with the date to be set 14 for the Motion for Default Judgment. 15
I declare under penalty of perjury that I am the attorney for the
Plaintiffs in the above
entitled action, and that the foregoing is true of my own
Executed this 26th day of February, 2013, at San Francisco, California.
SALTZMAN & JOHNSON LAW CORPORATION By: /S/Michele R. Stafford Michele R. Stafford Attorneys for Plaintiffs
IT IS SO ORDERED.
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to All related June 7, 2013, at 10:30 a.m. deadlines are extended accordingly.
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