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Bay Area Painters & Tapers Pension Trust Fund v. AIC Painting Corp.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 29, 2011
Case No: C11-0418 SI (N.D. Cal. Nov. 29, 2011)

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


Summaries of

Bay Area Painters & Tapers Pension Trust Fund v. AIC Painting Corp.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 29, 2011
Case No: C11-0418 SI (N.D. Cal. Nov. 29, 2011)
Case details for

Bay Area Painters & Tapers Pension Trust Fund v. AIC Painting Corp.

Case Details

Full title:BAY AREA PAINTERS AND TAPERS PENSION TRUST FUND, et al., Plaintiffs, v…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 29, 2011

Citations

Case No: C11-0418 SI (N.D. Cal. Nov. 29, 2011)