JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON

HAYWOOD S. GILLIAM Jr., District Judge.

The parties to this matter, by and through their respective counsel of record, hereby respectfully request that the Case Management Conference currently scheduled for May 24, 2016, at 2:00 p.m. in the above-captioned Court, be continued for approximately forty-five to sixty (45-60) days, as follows:

1. As the Court's records will reflect, this action was filed on April 15, 2014 to compel Defendant to comply with the terms of its Collective Bargaining Agreement. [Dkt. No. 1]..

2. The Clerk entered Defendant's Default on June 13, 2014 [Dkt. No. 13], which was subsequently set aside through stipulation of the parties on March 2, 2015. [Dkt. No. 36].

3. Defendant's counsel substituted into this matter to replace Defendant's prior counsel on April 1, 2015. [Dkt. No. 42].

4. On April 1, 2015, Defendant filed an Answer to the Complaint, and a Counterclaim against Plaintiff Sheet Metal Workers' International Association Local Union No. 104 ("Union"). [Dkt. No. 43].

5. The Union obtained separate counsel on April 15, 2015. [Dkt. No. 44].

6. Through stipulation of the parties, the Union was granted an extension of time to file its response to the Counterclaim, up to and including May 13, 2015. [Dkt. No. 46].

7. On May 12, 2015, Defendant filed a Voluntary Dismissal of the Counterclaim against the Union. [Dkt. No. 47].

8. On August 11, 2015, Defendant filed a Motion for Leave to File Counterclaim against the Union. [Dkt. No. 58]. On August 12, 2015, Defendant and the Union filed a Stipulation for Extension of Time to Respond to Motion for Leave to File Counterclaim [Dkt. No. 59].

9. On August 13, 2015, Defendant re-noticed the hearing on its Motion for Leave to File Counterclaim. [Dkt. No. 61].

10. Also on August 13, 2015, the Court granted Defendant's and the Union's Stipulation for Extension of Time to Respond to Motion for Leave to File Counterclaim. [Dkt. No. 62]. The Court set the Union's Response deadline to September 3, 2015, and Defendant's Reply deadline to September 10, 2015.

11. The Union filed its Response on September 3, 2015, and Defendant filed its Reply on September 9, 2015. [Dkt. Nos. 65-66]. The hearing on Defendant's Motion for Leave to File Counterclaim was held on October 15, 2015, and the matter was taken under submission by the Court.

12. On October 30, 2015, Plaintiffs filed a Motion for Summary Judgment against Defendant. [Dkt. Nos. 68-75].

13. On November 10, 2015, the Court rescheduled the hearing on Plaintiffs' Motion for Summary Judgment to December 10, 2015. [Dkt. No. 77].

14. On November 13, 2015, Defendant filed its Response to Plaintiffs' Motion for Summary Judgment. On November 20, 2015, Plaintiffs filed a Reply to Defendant's Response. [Dkt. Nos. 78, 80].

15. On November 16, 2015, the Court entered an Order denying Defendant's Motion for Leave to File Counterclaim against the Union. [Dkt. No. 79].

16. The hearing on Plaintiffs' Motion for Summary Judgment against Defendant was held on December 10, 2015, and the matter was taken under submission by the Court.

17. On May 13, 2016, the Court entered an Order Granting in Part and Denying in Part Plaintiffs' Motion for Summary Judgment, and scheduled a Case Management Conference for May 24, 2016 to discuss trial and settlement conference dates. [Dkt. No. 82].

18. The parties are attempting to settle this matter without the need for further litigation. Plaintiffs have prepared a payment plan for amounts owed by Defendant, in the form of a Judgment Pursuant to Stipulation, which is pending with Defendant for execution.

19. Plaintiffs have been informed by the Union that it intends to seek attorneys' fees and costs incurred in the Counterclaim litigation described herein.

20. There are no further 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, parties respectfully request that the Court continue the currently scheduled Case Management Conference for approximately forty-five to sixty (45-60) days, to allow for sufficient time for Defendant to execute, and Plaintiffs to file, the Judgment Pursuant to Stipulation.

21. The parties hereto recognize that a case management conference statement is due seven days in advance of the case management conference date, pursuant to Local Rule 16-9. Should this Court require parties to file a complete Case Management Conference Statement, parties will do so promptly.

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to _______________, and all related deadlines are extended accordingly.