Opinion
4:21-cv-04413-HSG
09-10-2021
THE BOARD OF TRUSTEES, in their capacities as Trustees of the LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., Plaintiffs, v. PMK CONTRACTORS LLC, a California Limited Liability Company, Defendant.
CONCHITA E. LOZANO-BATISTA, Bar No. 227227 CRAIG L. SCHECHTER, Bar No. 308968 WEINBERG, ROGER & ROSENFELD A Professional Corporation Attorneys for Plaintiffs
CONCHITA E. LOZANO-BATISTA, Bar No. 227227 CRAIG L. SCHECHTER, Bar No. 308968 WEINBERG, ROGER & ROSENFELD A Professional Corporation Attorneys for Plaintiffs
PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; ORDER THEREON
HAYWOOD S. GILLIAM JR. JUDGE
TO: THE CLERK OF THE COURT AND DEFENDANT PMK CONTRACTORS LLC, A California Corporation:
Pursuant to Civil Local Rule 7-10, Plaintiffs hereby request that the Case Management Conference (“CMC”), currently scheduled for September 14, 2021 at 2:00 p.m., be continued for approximately sixty (60) days.
Plaintiffs filed their Complaint against Defendant on June 9, 2021. Plaintiffs served the Summons and Complaint on Defendant by substituted service on June 15, 2021. Plaintiffs filed a proof of service with this Court on June 16, 2021.
On July 6, 2021, the parties filed a joint Stipulation Extending Time to Answer Complaint. On July 7, 2021, this Court issued an Order extending the date for Defendant to file a response pleading until July 16, 2021. On July 16, 2021, Defendant filed an Answer to the Complaint.
Since July 16, 2021, counsel for the parties have been in actively communicating with one another regarding a settlement to this matter. The parties believe that a settlement is forthcoming. For these reasons, Plaintiffs request that the Court continue the September 14, 2021 Case Management Conference for approximately sixty (60) days.
The above stated facts are set forth in the accompanying Declaration of Craig L. Schechter in Support of Plaintiffs Request Continue Case Management Conference, filed herewith.
ORDER CONTINUING CASE MANAGEMENT CONFERENCE
Based upon the foregoing Request to Continue of Case Management Conference and Declaration of Craig L. Schechter in Support thereof, the Court orders a continuance of the September 14, 2021 Case Management Conference for approximately sixty (60) days, or as soon thereafter as a court date is available.
DECLARATION OF CRAIG L. SCHECHTER IN SUPPORT OF PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
I, Craig L. Schechter, declare as follows:
1. I am an attorney with the law firm of Weinberg Roger and Rosenfeld, located at 1375 55th Street, Emeryville, California, 94608, the attorneys for Plaintiffs in this matter. I have knowledge of the facts stated in this Declaration and I could and would testify competently thereto.
2. Plaintiffs filed their Complaint in this matter on June 9, 2021.
3. Defendant was served by substituted service on June 15, 2021. Plaintiffs filed a proof of service with this Court on June 16, 2021.
4. On July 6, 2021, the parties filed a joint Stipulation Extending Time to Answer Complaint.
5. On July 7, 2021, this Court issued an Order extending the date for Defendant to file a response pleading until July 16, 2021.
6. Defendant filed an Answer to the Complaint on July 16, 2021.
7. Since that date, counsel for the parties have been actively communicating with one another regarding settlement of this matter. The parties believe that a settlement is forthcoming.
8. Based upon these facts, Plaintiffs request that the Case Management Conference currently set for September 14, 2021 at 2:00 P.M. be continued for approximately sixty (60) days to allow the parties to finalize the terms of a settlement.
I declare under penalty of perjury that the forgoing is correct.