PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER THEREON

JEFFREY S. WHITE, District Judge.

Plaintiffs herein respectfully submit this Request to Continue the Case Management Conference, currently scheduled for June 27, 2014, for approximately sixty (60) 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 October 4, 2013 to compel Defendant to comply with the terms of his Collective Bargaining Agreement.

2. Plaintiffs served the Complaint, Summons, and related court documents on Defendant on November 4, 2013. Defendant failed to file an Answer to the Complaint and Plaintiffs requested Entry of Default, which was entered by the court on December 12, 2013.

3. An audit of Defendant's payroll records for the time period from October 1, 2008 through March 31, 2013 showed that Defendant failed to report and pay required contributions for several of his employees in the years 2008 and 2009.

4. The amount Defendant owed on the audit was revised after Plaintiffs received documentation from Defendant, namely W-2 forms, which showed that a portion of the hours due on the audit had been paid. The amount owed on the audit was further revised after Plaintiffs received declarations from two (2) of Defendant's employees, which stated that the hours worked in 2009 were spent performing home remodel work on Defendant's personal residence and did not involve any work covered by the Collective Bargaining Agreement. Therefore, the employees agreed that they would not pursue any fringe benefit contributions or pension credit for the hours worked in 2009 on the home remodel.

5. Thereafter, Plaintiffs sent Defendant several letters advising him of the total amount owed to Plaintiffs, including the amount remaining due on the audit, plus attorneys' fees and costs incurred in this action.

6. Defendant continues to dispute the amount remaining due on the audit and that he is liable for the attorneys' fees and costs incurred in this action.

7. Plaintiffs will make a final attempt to resolve this matter informally with Defendant for the remaining amounts owed to Plaintiffs. Should the parties fail to reach an informal resolution of this matter, Plaintiffs anticipate filing a Motion for Default Judgment against Defendant.

8. Based on the above, 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 currently scheduled Case Management Conference be continued for approximately sixty (60) days to allow sufficient time for the parties to reach an informal resolution of this matter.

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.

IT IS SO ORDERED.