Opinion
Case No.: C08-4430 WHA.
February 12, 2009
Muriel B. Kaplan, Esq. (SBN 124607), Shaamini A. Babu, Esq. (SBN 230704), SALTZMAN JOHNSON LAW CORPORATION, San Francisco, CA, Attorneys for Plaintiffs.
REQUEST FOR EXTENSION TO FILE MOTION FOR DEFAULT JUDGMENT OR FIRST AMENDED COMPLAINT; AND DECLARATION OF SHAAMINI A. BABU IN SUPPORT THEREOF
1. This is an action brought to recover delinquent fringe benefit contributions owed to the Plaintiffs by Defendants, as authorized by a collective bargaining agreement and Trust Agreement incorporated therein as well as the Employee Retirement Income Security Act.
2. Default was entered against Defendants on January 9, 2009.
3. On December 24, 2008, I ordered records relating to Defendants from the California Secretary of State to make certain determinations as to Defendants status, which would be the basis for how Plaintiffs would proceed in this action. For that reason, Plaintiffs had requested that the Case Management Conference scheduled for January 7, 2009, be continued.
4. The date was not continued, and at the Case Management Conference held on January 7, 2009, the Court granted leave for Plaintiffs to file a Motion for Default Judgment by February 12, 2009.
5. I only recently received the records ordered from the Secretary of State on January 26, 2009. Thereafter, I reviewed the records, conducted additional research, and further evaluated Plaintiffs' claims.
6. I was at an out-of-state conference from February 7, 2009, through February 10, 2009.
7. I contacted Plaintiffs to discuss the Secretary of State records as well as related information and research, which alerted Plaintiffs to additional relevant issues. Plaintiffs are conducting further investigation regarding an entity that may be a necessary party to this action. Plaintiffs have not yet received all relevant information and completed all investigations.
8. As a result, Plaintiffs are unable to file a Motion for Default Judgment until further investigation is complete.
9. Based on the foregoing, Plaintiffs respectfully request the Court to grant an extension of sixty (60) days for Plaintiffs to file their Motion for Default Judgment, and accordingly continue the hearing, or to file a First Amended Complaint, so that Plaintiffs have sufficient opportunity to obtain the necessary additional information relevant to said motion or to amend the Complaint.
IT IS SO ORDERED.March 12, 2009 for at
PROOF OF SERVICE
I, the undersigned, declare:I am a citizen of the United States and am employed in the County of San Francisco, State of California. I am over the age of eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, San Francisco, California 9410e.
On February 12, 2009, I served the following document(s):
REQUEST TO FOR EXTENSION TO FILE MOTION FOR DEFAULT JUDGMENT OR FIRST AMENDED COMPLAINT; AND DECLARATION OF SHAAMINI A. BABU IN SUPPORT THEREOF
on the interested parties in said action by First Class U.S. Mail by placing a true and exact copy of each document in a sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San Francisco, California, addressed as follows: Advanced Concrete Technologies, Inc., aka Matthew Raines Advanced Concrete Tech, Inc. 1539 3rd Avenue, Suite C 1539 3rd Avenue, Suite C Walnut Creek, California 94597 Walnut Creek, California 94597
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 12th day of February, 2009, at San Francisco, California. ____________/s/______________ Vanessa de Fábrega