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Crosthwaite v. Paul T. Beck Contractors

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


April 26, 2010

GIL CROSTHWAITE AND RUSS BURNS, IN THEIR RESPECTIVE CAPACITIES AS TRUSTEES OF THE OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, ET AL., PLAINTIFFS,
v.
PAUL T. BECK CONTRACTORS, INC., A CALIFORNIA CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Judge Honorable Samuel Conti

JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE Date: April 30, 2010 Time: 10:00 a.m. Courtroom: 1, 17th Floor

Plaintiffs and Defendant jointly request that the Case Management Conference currently scheduled for April 30, 2010, at 10:00 a.m. be continued for approximately ninety (90) days, as 20 follows:

1. Plaintiffs and Defendant are discussing resolution of all amounts due to the Trust Funds as Defendant is in receivership. At present, it is uncertain what funds may be available.

2. There is nothing to discuss at a Case Management Conference at the present time as the parties are cooperating with one another to exchange information and move toward resolution.

3. In the event no informal resolution is reached, an ADR phone conference has been scheduled for April 29, 2010. The parties intend to discuss the receivership, and set a mediation or other dispute resolution hearing date to a time after the sale of the assets of the business.

4. We therefore jointly request that the Case Management Conference be continued for ninety (90) days to allow the parties ample time to resolve this matter, or in the alternative, set and participate in alternative dispute resolution.

Dated: April 23, 2010

IT IS SO ORDERED.

The currently set Case Management Conference is hereby continued to __________________________ at __________________. All related deadlines are extended July 23, 2010 10:00 a.m. accordingly.

ORDERED

Judge Samuel Conti

20100426

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