Opinion
Case No: C11-0418 SI
11-29-2011
BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., Plaintiffs, v. AIC PAINTING CORPORATION, a California Corporation; MARK DALE BOHN, Individually and dba AIC PAINTING, Defendants.
Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) SALTZMAN & JOHNSON LAW CORPORATION Attorney for Plaintiffs
Muriel B. Kaplan, Esq. (SBN 124607)
Michele R. Stafford, Esq. (SBN 172509)
SALTZMAN & JOHNSON LAW CORPORATION
Attorney for Plaintiffs
JOINT REQUEST FOR CONTINUANCE
OF CASE MANAGEMENT
CONFERENCE and JOINT CASE
MANAGEMENT STATEMENT;
[PROPOSED] ORDER THEREON
Judge: The Honorable Susan Illston
The parties herein respectfully submit their Joint Case Management Statement and joint request to continue the Case Management Conference, currently on calendar for December 9, 2011, for approximately 30 days.
1. As the Court's records will reflect, a Complaint this action was filed on January 28, 2011, to compel Defendants' compliance with their obligations under the Collective Bargaining Agreement to which they are signatory.
2. On two previous occasions, Defendants requested a payment plan to satisfy the amounts due, and on each occasion, Plaintiffs drafted such agreements which Defendants ultimately did not sign.
3. After a long hiatus in communication, Defendants' counsel recently made a settlement proposal which was reviewed by Plaintiffs. Plaintiffs provided a counter proposal and are waiting for Defendants' response thereto.
4. 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 resources, the parties respectfully request that the Case Management Conference, currently scheduled for December 9, 2011, be continued for approximately 30 days to allow the parties to attempt settlement with the goal of resolving this matter without the further intervention of the Court, and for the preparation, review, and execution of a Judgment Pursuant to Stipulation if an agreement is reached. If an agreement is not reached and filed with the Court within that time, Plaintiffs will immediately proceed with preparation and filing of a Motion for Summary Judgment.
Respectfully submitted,
SALTZMAN & JOHNSON
LAW CORPORATION
By: _______________
Michele R. Stafford
Attorneys for Plaintiffs
DC LAW
_______________
Dawna Cilluffo
Attorneys for Defendants
IT IS SO ORDERED.
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to 1/20/12.
THE HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT COURT JUDGE