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Burns v. Ryan Engineering, Inc.

United States District Court, N.D. California

March 5, 2014

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

Michele R. Stafford, Esq., Muriel B. Kaplan, Esq., SALTZMAN & JOHNSON LAW CORPORATION, San Francisco, CA, Attorneys for Plaintiffs.

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

JON S. TIGAR, District Judge.

Plaintiffs respectfully request that the Case Management Conference scheduled for March 19, 2014, at 2:00 p.m., be continued for approximately sixty (60) days, as follows:

1. As the Court's records will reflect, this action was filed on October 2, 2013 to compel Defendant to comply with the terms of its Collective Bargaining Agreement.

2. On December 31, 2013, Plaintiffs filed a Request for Continuance of the Case Management Conference because Defendant had not been served, but Plaintiffs' counsel and Defendant's counsel were in communications to resolve this matter (Dkt. #9). On January 3, 2014, the Court granted Plaintiffs' request and the Case Management Conference was rescheduled to March 19, 2014 (Dkt. #10).

3. On January 21, 2014, Plaintiffs issued a Notice of Lawsuit and Request to Waive Service of a Summons to Defendant's counsel, along with copies of the Complaint, Summons, and other pleadings which had been filed in this action. (Dkt. #11). On January 30, 2014, Plaintiffs filed the Waiver of Service of the Summons, which was executed by Defendant's attorney on January 24, 2014 (Dkt. #12). Defendant's deadline to file a responsive pleading to Plaintiffs' Complaint is March 24, 2014.

4. Defendant has submitted payment of principal contributions due, and Plaintiffs have informed Defendant's counsel of remaining interest, liquidated damages, and attorneys' fees and costs incurred. If Defendant submits payment of these amounts remaining due to Plaintiffs, Plaintiffs will file a Notice of Voluntary Dismissal. If Defendant decides to enter into a payment plan for amounts due, Plaintiffs will prepare and file a Judgment Pursuant to Stipulation. In the alternative, if Defendant fails to respond to Plaintiffs' demand for remaining amounts due, Plaintiffs will proceed with legal action to compel Defendant's compliance with their obligations once they have made an appearance.

5. 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 Defendant to file its responsive pleading, and for Plaintiffs and Defendant to resolve this matter.

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 March 21, 2014, and all related deadlines are extended accordingly.


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