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Burns v. Specialized Excavation Services

United States District Court, Ninth Circuit

November 12, 2013

RUSSELL E. BURNS, et al.,
v.
SPECIALIZED EXCAVATION SERVICES, a California corporation, Defendant. as Trustees of the OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, et al., Plaintiffs,

Michele R. Stafford, Esq. (SBN 172509) Shivani Nanda, Esq. (SBN 253891) SALTZMAN & JOHNSON LAW CORPORATION, San Francisco, CA, Attorneys for Plaintiffs.

PLAINTIFFS' REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON

SUSAN ILLSTON, District Judge.

Plaintiffs respectfully request that the Case Management Conference currently scheduled for November 22, 2013, at 2:30 p.m., be continued for approximately sixty (60) days, as follows:

1. As the Court's records will reflect, this action was filed on July 24, 2013 to compel Defendant to comply with the terms of its Collective Bargaining Agreement.

2. Plaintiffs served the complaint, summons, and court documents on Defendant on September 23, 2013 (Dkt. #10). Immediately thereafter, I was contacted by in house counsel for Defendant, who requested an extension of time to respond to the Complaint. She advised that Defendant had documents to show that the amount found due on audit was incorrect. I requested that she provide them so that our auditors could review, and further advised that if there were any revisions to the audit required, they would be done.

3. Defendant submitted delinquent contribution reports to Plaintiffs, as well as the documentation in support of their dispute of amounts found due to Plaintiffs pursuant to the audit of their payroll records. I forwarded the documentation to Plaintiffs' auditors. The auditor contacted me today requesting further information in support of the dispute. I in turn emailed Defendant's counsel asking for clarification.

4. If the documentation provided by Defendant supports Defendant's dispute, Plaintiffs will bill Defendant for the revised amount due, if any. As Defendant is now current in reports and contributions, as of right now the audit is the only remaining issues. If the documentation does not alter the amount found due to Plaintiffs, Plaintiffs will again bill Defendant for the original amount found due on audit.

5. As the parties are attempting to resolve this matter before incurring further fees and costs on both sides, there are no issues that need to be addressed by this Court at the currently scheduled Case Management Conference. In the interest of conserving costs as well as the Court's time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled Case Management Conference for approximately sixty (60) days, in order to allow for sufficient time for Plaintiffs' auditors to analyze the documentation provided by Defendant in support of Defendant's dispute of amounts found due pursuant to audit.

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

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to 1/17/14, and all related deadlines are extended accordingly.


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