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REQUEST FOR CONTINUANCE OF CMC 

Case No.: C09-0245 BZ 

P:\CLIENTS\PATCL\Nunn Better\Pleadings\C09-0245 BZ - CMC Continuance Request 010410.DOC 

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Muriel B. Kaplan, Esq. (SBN 124607) 

Michele R. Stafford, Esq. (SBN 172509) 

SALTZMAN & JOHNSON LAW CORPORATION 

44 Montgomery Street, Suite 2110 

San Francisco, CA 94104 

(415) 882-7900 

(415) 882-9287 – Facsimile 

mkaplan@sjlawcorp.com

mstafford@sjlawcorp.com

Attorneys for Plaintiff 

BAY AREA PAINTERS AND TAPERS 

PENSION TRUST FUNDS, et al. 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

BAY AREA PAINTERS AND TAPERS 

PENSION TRUST FUND, et al., 

 Plaintiffs, 

 v. 

NUNN BETTER PAINTING, INC., a 

California Corporation, 

 

 Defendant. 

Case No.: C09-0245 BZ 

REQUEST FOR CONTINUANCE OF 

CASE MANAGEMENT CONFERENCE 

Date: January 11, 2010 

Time: 4:00 p.m. 

Courtroom: G, 15th Floor 

Judge: Magistrate Judge Bernard 

 Zimmerman 

 Plaintiffs respectfully request that the Case Management Conference currently scheduled 

for January 11, 2010, at 4:00 p.m., be continued for approximately sixty (60) days, as follows: 

 1. A Complaint was filed in this action on January 21, 2009, to compel an audit of 

Defendant’s records by the Plaintiffs. 

 2. Thereafter and before service was effected, Defendant did schedule an audit with 

the Funds’ auditor, who reviewed the necessary documents. On that basis, the Court extended 

time for service until September 21, 2009. 

 3. This Court granted a second extension for service, to December 1, 2009, to allow 

time to complete the audit analysis of Defendant’s payroll records, and any discussion and 

payment, and to then determine if service of this action was necessary. 

Case 3:09-cv-00245-BZ Document 20 Filed 01/05/10 Page 1 of 3
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REQUEST FOR CONTINUANCE OF CMC 

Case No.: C09-0245 BZ 

P:\CLIENTS\PATCL\Nunn Better\Pleadings\C09-0245 BZ - CMC Continuance Request 010410.DOC 

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 4. Before the auditors completed their report, they nevertheless advised counsel that 

there were some underpayments found due, so Defendant was served with the pleadings. 

Defendant was recently provided the audit report, and was billed for the findings on December 29, 

2009. He telephoned Plaintiffs’ counsel today, disputing the billing. 

 5. Plaintiffs have inquired of the Trust Funds’ administrator for an analysis of the 

billing, and respectfully request that the Court continue the Case Management Conference for a 

period of sixty (60) days in order to allow Plaintiffs to research and determine Defendant’s claim 

of error, discuss or negotiate the findings, and possible resolution thereafter, without incurring 

additional court time and fees on a matter that may be resolved between the parties. 

 6. In the event that the dispute is not resolved within that time, Plaintiffs will move 

the Court for entry of default judgment. 

 I declare under penalty of perjury that I am the attorney for the plaintiffs in the above 

entitled action, and that the foregoing is true to the best of my knowledge and belief. 

 Executed this 4th day of January, 2010 at San Francisco, California. 

 SALTZMAN & JOHNSON 

 LAWCORPORATION 

 By: ____________/s/__________________ 

 Muriel B. Kaplan 

 Attorneys for Plaintiffs 

IT IS SO ORDERED. 

 The Case Management Conference in this action currently set for 4 p.m. on January 11, 

2010 is hereby continued to __________, 2010. 

Dated: ____________________ _________________________________ 

 Magistrate Judge Bernard Zimmerman

March 15 , at 4:00 p.m., Courtroom G, 15th Flr. January 5, 2010

Case 3:09-cv-00245-BZ Document 20 Filed 01/05/10 Page 2 of 3
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PROOF OF SERVICE 

Case No.: C09-0245 BZ 

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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 94104. 

 On January 4, 2010, I served the following document(s): 

REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE 

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: 

Ronald Nunn 

Agent of Service of Process 

Nunn Better Painting, Inc. 

2908 Spanish Bay Drive 

Brentwood, California 94513 

 I declare under penalty of perjury that the foregoing is true and correct and that this 

declaration was executed on this 4th day of January, 2010, at San Francisco, California. 

________________/s/________________ 

 Qui X. Lu 

Case 3:09-cv-00245-BZ Document 20 Filed 01/05/10 Page 3 of 3