Opinion
Susan J. Olson, Ronald L. Richman, Heather J. Zacharia, BULLIVANT HOUSER BAILEY PC, San Francisco, California, Attorneys for Plaintiff Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California.
CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON
VINCE CHHABRIA, District Judge.
Plaintiff Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California ("Plaintiff') provides this case management statement.
On March 18, 2015, Plaintiff filed its Complaint for Misrepresentation, Unjust Enrichment, Conversion, and Equitable Relief under ERISA ("Complaint") against defendants Eddie Lee Drayden and A. Maria Drayden, to recover monies wrongfully obtained by defendants. [See Document 1.]
As to defendant A. Maria Drayden, on March 27, 2015, defendant A. Maria Drayden was served with the Complaint. [See Document 10.] A settlement has been reached with defendant A. Maria Drayden that includes a Stipulation for Entry of Judgment. Plaintiff filed the Stipulation for Entry of Judgment against defendant A. Maria Drayden; Judgment on June 25, 2015, [See Document 18.] This court signed the Stipulation for Entry of Judgment against defendant A. Maria Drayden on July 10, 2015. [See Document 20.]
As to defendant Eddie Lee Drayden, Mr. Drayden, was served on April 8, 2015. [See Document 11.1 Initial settlement discussions with defendant Eddie Lee Drayden did not result in settlement. Plaintiff has had no further contact with defendant Eddie Lee Drayden.
Defendant Eddie Lee Drayden did not file a responsive pleading. On June 9, 2015, Plaintiff requested the clerk's entry of default as to Mr. Drayden; on June 11, 2015, the Clerk of Court entered the default as to Eddie Lee Drayden. [See Document 16.] On June 12 and July 13, this Court continued the Case Management Conference at Plaintiff's request, to allow time for Plaintiff to file its Motion for Default Judgment. [See Documents 17, 22.] On August 10, 2015, Plaintiff filed its Motion for Default Judgment against defendant Eddie Lee Drayden, set for hearing on September 24, 2015. [See Documents 23-26.]
Based on the above, Plaintiff respectfully requests that this Court continue the case management conference for a date on or following the September 24, 2015, Plaintiffs Motion for Default Judgment.
ORDER
Based on the Plaintiff's request to continue the case management conference and good cause appearing,
IT IS HEREBY ORDERED that the August 25, 2015, case management conference be continued to October 6, 2015 at 10:00 a.m., in Courtroom 4, 17th Floor, 450 Golden Gate Avenue, San Francisco, California 94102. Plaintiff shall file an updated case management conference statement no later than seven (7) days prior to the continued case management conference.