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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN THE ALTERNATIVE, REQUEST 

FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER THEREON

Case No. 17-0896 EMC P:\CLIENTS\OE3CL\JS Taylor Construction\Pleadings\Request to Continue CMC 051018.docx

Michele R. Stafford, Esq. (SBN 172509)

George R. Nemiroff, Esq. (SBN 262058)

SALTZMAN & JOHNSON LAW CORPORATION

44 Montgomery Street, Suite 2110

San Francisco, California 94104

Telephone: (415) 882-7900

Facsimile: (415) 882-9287

Email: mstafford@sjlawcorp.com

Email: gnemiroff@sjlawcorp.com

Attorneys for Plaintiffs, Operating Engineers’ Health 

and Welfare Trust Fund For Northern California, et al.,

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OPERATING ENGINEERS’ HEALTH AND 

WELFARE TRUST FUND FOR NORTHERN 

CALIFORNIA, et al.,

Plaintiffs,

v.

JS TAYLOR CONSTRUCTION, INC., et al.,

Defendants.

Case No. 17-0896 EMC

PLAINTIFFS’ REQUEST TO CONTINUE 

CASE MANAGEMENT CONFERENCE OR, 

IN THE ALTERNATIVE, REQUEST FOR 

TELEPHONIC APPEARANCE; 

[PROPOSED] ORDER THEREON

Date: May 17, 2018

Time: 9:30 a.m.

Location: 450 Golden Gate Avenue

San Francisco, California

Courtroom 5, 17th Floor

Judge: Honorable Edward M. Chen

Plaintiffs respectfully request that the Case Management Conference, currently on calendar for 

May 17, 2018, be continued for approximately sixty (60) to ninety (90) days. Good cause exists for the 

granting of the continuance, as follows:

1. As the Court’s records will reflect, this action was filed on February 22, 2017. (Dkt. #1.)

2. Plaintiffs served copies of the Summons and Complaint and related documents on 

Defendants. Defendants executed Waivers of The Service of Summons forms, which were filed with the 

Court on May 23, 2017 (Dkt. #9). Defendants have failed to respond to the Complaint to date.

3. However, the parties have been in contact throughout April 2018 in an attempt to resolve 

this matter without the need for further litigation. More specifically, Plaintiffs’ Counsel recently 
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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN THE ALTERNATIVE, REQUEST 

FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER THEREON

Case No. 17-0896 EMC P:\CLIENTS\OE3CL\JS Taylor Construction\Pleadings\Request to Continue CMC 051018.docx

received a report prepared by an auditor retained by Defendant which disputes the amounts found on the

Plaintiffs’ Trust Funds’ audit. In response, Plaintiffs’ Counsel proposed that the parties meet to discuss 

each party’s respective audit findings. Defendants have agreed to hold the meeting. The parties are 

currently in the process of exchanging information and having their auditors review the information in 

anticipation of the meeting. 

4. Plaintiffs’ Counsel believes that the meeting between the parties will spur informal 

settlement discussions and/or at a minimum assist in narrowing or resolving the matters in dispute.

5. Accordingly, Plaintiffs respectfully request that the Case Management Conference, 

currently scheduled for May 17, 2018, be continued for approximately sixty (60) to ninety (90) days to 

allow time for the parties to attempt to resolve this matter informally, without the need for further 

litigation. 

6. There are no issues that need to be addressed by the parties at the currently scheduled 

Case Management Conference. In the interest of conserving costs as well as the Court’s time and 

resources, Plaintiffs respectfully request that the Court continue the currently scheduled Case 

Management Conference. In the alternative, Plaintiffs request that they may appear at the hearing 

telephonically. As attorneys’ fees and costs are “out of pocket,” Plaintiffs are attempting to keep fees 

(and thus the Trust Funds’ loss) at a minimum.

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 of my own knowledge.

Executed this 10th day of May, 2018, at San Francisco, California.

By:

SALTZMAN & JOHNSON LAW CORPORATION

/S/

George R. Nemiroff

Attorneys for Plaintiffs, Operating Engineers’

Health and Welfare Trust Fund, et al.
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REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN THE ALTERNATIVE, REQUEST 

FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER THEREON

Case No. 17-0896 EMC P:\CLIENTS\OE3CL\JS Taylor Construction\Pleadings\Request to Continue CMC 051018.docx

IT IS SO ORDERED.

The currently set Case Management Conference is hereby continued to __________________________ 

at __________________, and all previously set deadlines and dates related to this case are continued 

accordingly or, alternatively, Plaintiffs may appear at the Case Management Conference by telephone.

DATED: _________, 2018

UNITED STATES DISTRICT JUDGE

8/23/18 9:30 a.m. 5/15 Plaintiffs shall serve a copy of this order upon defendants. 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

AS MODIFIED

Judge Edward M. Chen
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PROOF OF SERVICE

Case No. 17-0896 EMC P:\CLIENTS\OE3CL\JS Taylor Construction\Pleadings\Request to Continue CMC 051018.docx

PROOF OF SERVICE

I, the undersigned, declare:

1. I am a citizen of the United States and am employed in the County of San Francisco, 

State of California. My business address is 44 Montgomery Street, Suite 2110, San Francisco, California 

94104.

2. I am over the age of eighteen and not a party to this action.

3. On May 10, 2018, I served the following document(s):

PLAINTIFFS’ REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN 

THE ALTERNATIVE, REQUEST FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER 

THEREON

on the interested parties in said action by enclosing a true and exact copy of each document in a sealed 

envelope and placing the envelope for collection and First Class mailing following our ordinary business 

practices. I am readily familiar with this business’ practice for collecting and processing correspondence 

for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in 

the ordinary course of business with the United States Postal Service in a sealed envelope with postage 

fully prepaid.

4. The envelope(s) were addressed and mailed as follows:

Josh Thiel

JS Taylor Construction, Inc.

1288 Wawona Street

Manteca, CA 95377

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

was executed on May 10, 2018, at San Francisco, California.

Alicia Wood

Paralegal