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

SUSAN ILLSTON, District Judge.

Plaintiffs herein respectfully request that the Case Management Conference, currently on calendar for August 22, 2014 be continued for approximately sixty (60) days. Good cause exists for the continuance, as follows:

1. As the Court's records will reflect, this action was filed on February 7, 2014 to collect unpaid contributions and related amounts owed to Plaintiffs for work performed by Defendant's employees.

2. Defendant was served with the Complaint on March 12, 2014, and a Proof of Service of Summons was filed with the Court on March 31, 2014. Defendant failed to plead or otherwise respond to the lawsuit, and the Clerk entered Defendant's default on April 7, 2014.

3. The Court continued the previously scheduled Case Management Conference to allow time for the parties to attempt to resolve this matter informally.

4. Since then, based on information provided by Defendant, Plaintiffs have collected payments for some of Defendant's delinquent contributions directly from general contractors, and additional payments are expected based on releases issued for specified amounts.

5. Plaintiffs also became aware that Defendant may have a valid Wage and Fringe Benefit Responsibility Bond for the delinquent time period. Plaintiffs made a claim on that bond and are awaiting a response from the surety.

6. Plaintiffs' counsel anticipates being able to collect Defendant's remaining delinquent contributions from either general contractors and/or the surety.

7. In the event Plaintiffs have not collected any portion of Defendant's delinquent contributions from other sources within thirty (30) days, Plaintiffs will make a final request to Defendant for its payment of the remaining contributions due, as well as the other amounts due to Plaintiffs, including attorneys' fees and costs, liquidated damages, and interest on the delinquent contributions. Should Defendant fail to remit either payment to Plaintiffs by the requested date, Plaintiffs will prepare and file a Motion for Default Judgment with the Court.

8. 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 Case Management Conference be continued for approximately sixty (60) days to allow sufficient time for the parties to resolve this matter informally, for Plaintiffs to otherwise prepare and file a Motion for 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 of my own knowledge.

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to 11/14/14, at 2:30 pm. All related deadlines are extended accordingly.