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Crosthwaite v. Golden Hills Contractors

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 9, 2008

GIL CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGNEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; ET AL., PLAINTIFFS, V, GOLDEN HILLS CONTRACTORS, INC., AND DONALD EDWARD WILSON, DEFENDANTS.

The opinion of the court was delivered by: Judge: The Honorable Jeffrey S. White

REQUEST TO VACATE CASE MANAGEMENT CONFERENCE AND ORDER THEREON

Date: June 13, 2008

Plaintiffs herein respectfully request that the Case Management Conference currently on

1. On March 13, 2008, plaintiffs filed a Motion for Default Judgment against defendants Golden Hills Contractors, Inc. and its principal, Donald Wilson.

2. On March 14, 2008, the case was referred to Magistrate Judge Maria-Elena James for Report and Recommendation on default judgment.

3. On April 23, 2008, plaintiffs filed a Notice of Voluntary Dismissal with the Court as to defendant Surety Company of the Pacific.

4. On May 21, 2008, plaintiffs filed a Supplemental Declaration of Wayne E. McBride re plaintiffs' Motion for Default Judgment, confirming that the check in the amount of $4,000.00 submitted by Surety Company of the Pacific on or about March 11, 2008 had cleared the bank and had been credited to defendants' account. An Amended [Proposed] Judgment was also filed on May 21, 2008, reflecting this credit to defendants' account.

5. Due to the status of the action, there are no issues to be discussed at a Case Management Conference.

6. Plaintiffs therefore respectfully request that the Case Management Conference, currently scheduled for June 13, 2008, be vacated, and that Judgment be entered in favor of plaintiffs and against defendants Golden Hills Contractors, Inc. and its principal, Donald Wilson.

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.

Dated: June 5, 2008 SALTZMAN & JOHNSON LAW CORPORATION Michele R. Stafford Attorneys for Plaintiffs

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby vacated.

IT IS SO ORDERED.

20080609

© 1992-2008 VersusLaw Inc.



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