PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE 

CASE NO.: C09-2241 SI 

P:\CLIENTS\FLRCL\M B Flooring\Pleadings\C09-2241 SI CMC Continuance Request 080910.DOC 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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 Plaintiffs 

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

Case No.: C09-2241 SI 

PLAINTIFFS’ REQUEST TO CONTINUE 

CASE MANAGEMENT CONFERENCE 

DISTRICT COUNCIL 16 NORTHERN 

CALIFORNIA HEALTH AND WELFARE 

TRUST FUND, et.al., 

 Plaintiffs,

 v. 

M B FLOORING, INC., 

 Defendant. 

Date:

Time: 

Location: 

Judge:

August 13, 2010 

2:30 p.m. 

Ctrm. 10, 19th Floor 

The Honorable Susan Illston 

Plaintiffs herein respectfully submit their Request to Continue the current Case 

Management Conference: 

1. As the Court’s records will reflect, Defendant filed its Case Management 

Conference Statement, advising that Defendant intends to file for Bankruptcy by August 16, 2010. 

The Case Management Conference is currently scheduled for August 13, 2010

2. Plaintiffs therefore respectfully request that the Case Management Conference be 

continued by a minimum of one week, to allow Defendant to file its Petition. In the event that 

Defendant files, Plaintiffs will file a Request for Automatic Stay. In the event that Defendant does 

not, the parties will participate in the Case Management Conference to ascertain whether 

mediation is an option for resolution of the claims herein. 

Case 3:09-cv-02241-SI Document 32 Filed 08/12/10 Page 1 of 3
PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE 

CASE NO.: C09-2241 SI 

P:\CLIENTS\FLRCL\M B Flooring\Pleadings\C09-2241 SI CMC Continuance Request 080910.DOC 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3. It is also requested that Plaintiffs’ counsel be permitted to appear by telephone for 

the Case Management Conference (in the event that a conference is required) to keep fees and 

costs at a minimum as recovery is questionable at best. 

Respectfully submitted, 

Dated August 9, 2010 SALTZMAN & JOHNSON LAW 

CORPORATION 

 

/S/Michele R. Stafford 

 Michele R. Stafford 

Attorneys for Plaintiffs 

IT IS SO ORDERED. 

The Case Management Conference is hereby continued to _____________. Plaintiffs are hereby 

granted permission to appear telephonically at the Case Management Conference. 

Dated: 

 THE HONORABLE SUSAN ILLSTON 

UNITED STATES DISTRICT COURT JUDGE 

8/27/10

Counsel shall make arrangements with the clerk to appear by phone.

Case 3:09-cv-02241-SI Document 32 Filed 08/12/10 Page 2 of 3
PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE 

CASE NO.: C09-2241 SI 

P:\CLIENTS\FLRCL\M B Flooring\Pleadings\C09-2241 SI CMC Continuance Request 080910.DOC 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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 August 9, 2010, I served the following document(s): 

PLAINTIFFS’ REQUEST TO CONTINUE 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: 

Brian O’Dea, Esq. 

Randick O’Dea and Tooliatos 

5000 Hopyard Road, Suite 400 

Pleasanton, California 94588 

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

declaration was executed on this 9th day of August, 2010, at San Francisco, California.

_______________/S/_______________

 Vanessa de Fábrega 

Case 3:09-cv-02241-SI Document 32 Filed 08/12/10 Page 3 of 3