Opinion
RONALD L. RICHMAN, SUSAN J. OLSON, WILLIAM J. RUSTEEN, BULLIVANT HOUSER BAILEY PC, San Francisco, California, Attorneys for Plaintiffs.
CASE MANAGEMENT CONFERENCE STATEMENT; ORDER THEREON
MARIA-ELENA JAMES, Magistrate Judge.
Plaintiffs provide this abbreviated Case Management Conference Statement.
On March 26, 2014, Plaintiffs filed their Complaint For Damages for Breach of Collective Bargaining Agreement, To Recover Unpaid Trust Fund Contributions, For Breach of Fiduciary Duty, And For Mandatory Injunction ("Complaint"). On April 7, 2014, service was effected on defendant Soave Construction, Inc. Soave Construction, Inc. failed to appear and on May 12, 2014 the Clerk of Court entered the default of Soave Construction, Inc.
On May 21, 2014, substitute service was effected on defendant Michael Soave by serving his wife, Martha Soave. On May 27, 2014, Michael Soave was also served by mail. Michael Soave failed to appear and on July 17, 2014 the Clerk of Court entered the default of Michael Soave. This matter is proceeding in default. Plaintiffs will have on file, by October 3, 2014, a motion for default judgment against both defendants.
Based on the above, Plaintiffs respectfully request that this Court continue the currently scheduled case management conference for approximately six weeks to allow plaintiffs to file their motion for default judgment against defendants.
ORDER
Pursuant to the Plaintiffs' request to continue the case management conference and good cause appearing:
IT IS HEREBY ORDERED that August 28, 2014 case management conference be continued to October 30, 2014 at 10:00 a.m., Courtroom B, 15th floor. A case management statement shall be filed seven (7) days prior. If plaintiffs have filed their motion for default judgment prior to the continued case management conference, the case management conference will be vacated.