PLAINTIFFS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE OR, IN THE ALTERNATIVE, REQUEST FOR TELEPHONIC APPEARANCE; [PROPOSED] ORDER THEREON

EDWARD M. CHEN, District Judge.

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 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.

IT IS SO ORDERED.

The currently set Case Management Conference is hereby continued to 8/23/18 at 9:30 a.m., 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.

Plaintiffs shall serve a copy of this order upon defendants.