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Northern California Glaziers, Architectural M and Glass Workers Pension Trust Fund v. Ledeit & Sons Glass, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Jun 16, 2014
C13-5378 SA (N.D. Cal. Jun. 16, 2014)

Opinion

          Michele R. Stafford, Esq., Erica J. Russell, Esq., SALTZMAN & JOHNSON LAW CORPORATION, San Francisco, CA, Attorneys for Plaintiffs.

          Maria Anastas, Esq., Joseph L.J. Appel, Esq., OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., San Francisco, CA, Attorneys for Defendant.


          JOINT REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; CORRECTED ORDER THEREON

          SAUNDRA BROWN ARMSTRONG, District Judge.

         Plaintiffs and Defendant respectfully request that the Case Management Conference scheduled for June 26, 2014, at 2:30 p.m., be continued for approximately thirty (30) days. Good cause exists for the continuance, as follows:

         1. As the Court's records will reflect, this action was filed on November 30, 2013 to compel Defendant's compliance with its collective bargaining agreement in relation to amounts found due on an audit of its payroll records for the period of January 1, 2010 through March 31, 2013. (Dkt. #1).

         2. Service on Defendant was effectuated on November 21, 2013. A Proof of Service of Summons was filed with the Court. (Dkt. #8).

         3. Defendant filed an Answer to the Complaint on December 26, 2013. (Dkt. #13).

         4. Plaintiffs requested that a further audit of Defendant's payroll records be performed for the period from April 1, 2013 through the present.

         5. Plaintiffs' auditors completed the further audit of Defendant's records for the period from April 1, 2013 through the present and the audit report was finalized and issued on April 29, 2013.

         6. In addition, the audit report for the period of January 1, 2010 through March 31, 2013 was revised to reflect a reduction of amounts owed for Richard Ledeit for the time period from January 1, 2013 through March 31, 2013 as Mr. Ledeit was eligible not to contribute to the Trust Funds on behalf of himself as an owner-member during that time period. The revised audit report was finalized and issued on May 16, 2013.

         7. Plaintiffs have been informed by the Trust Funds' administrator that Defendant has failed to report and pay April 2013 contributions, which were due on May 15, 2013 and delinquent when not received by May 31, 2013. Plaintiffs have requested that Defendant submit its April 2013 contribution report so that Plaintiffs can determine how much is owed for that month, including liquidated damages and interest incurred on the delinquent contributions.

         8. The parties have been continuing to work toward an informal resolution of this matter and Defendant has requested a payment plan to satisfy its debt owed to Plaintiffs.

         9. Plaintiffs and Defendant therefore respectfully request that the Case Management Conference, currently scheduled for June 26, 2013, be continued for approximately thirty (30) days to allow sufficient time for the parties to finalize the informal resolution of this matter.

         10. There are no issues that need to be addressed by this Court at the currently scheduled Case Management Conference. In the interest of conserving costs as well as the Court's time and resources, both parties respectfully request that the Court continue the currently scheduled Case Management Conference.

         IT IS SO ORDERED.


Summaries of

Northern California Glaziers, Architectural M and Glass Workers Pension Trust Fund v. Ledeit & Sons Glass, Inc.

United States District Court, Ninth Circuit, California, N.D. California
Jun 16, 2014
C13-5378 SA (N.D. Cal. Jun. 16, 2014)
Case details for

Northern California Glaziers, Architectural M and Glass Workers Pension Trust Fund v. Ledeit & Sons Glass, Inc.

Case Details

Full title:NORTHERN CALIFORNIA GLAZIERS, ARCHITECTURAL M AND GLASS WORKERS PENSION…

Court:United States District Court, Ninth Circuit, California, N.D. California

Date published: Jun 16, 2014

Citations

C13-5378 SA (N.D. Cal. Jun. 16, 2014)