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Crosthwaite v. Raisch Co.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


June 24, 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.
RAISCH COMPANY, DBA RAISCH PRODUCTS, A CALIFORNIA CORPORATION; A. J. RAISCH PAVING CO., DEFENDANTS.

The opinion of the court was delivered by: Judge: Honorable Charles Breyer

JOINT CASE MANAGEMENT CONFERENCE STATEMENT / REQUEST TO CONTINUE

Date: July 2, 2010

ORDER

The Parties hereby submit their Joint Case Management Statement, requesting that the Case Management Conference be continued for approximately 60 days.

1. As the Court is aware from the parties' last filing, there is little to no dispute that over the amount of money owed by Defendants to the Plaintiffs pursuant to the terms of their Collective Bargaining Agreements. The main issue that has precluded settlement to date is relative to the financial condition of the defendant.

2. All assets of the Defendant companies are secured by a lien in favor of a lender.

The principals of the Defendant companies have been working with the lender to sell various pieces of equipment to pay off what is owed, while retaining some funds to pay other debts including the debt owed to the Plaintiffs.

3. The parties participated in an ADR telephone conference on March 2, 2010, to discuss how to move forward. The ADR staff attorney was in agreement that a referral to mediation to take place at a later date in the event that the matter does not resolve is the best way to handle this matter.

4. The Defendant recently made a settlement offer to Plaintiffs, which is currently being evaluated. The parties expect this matter to resolve shortly without the need for mediation.

Due to the financial condition of the Defendant, both parties request that the Case Management Conference be continued so not to incur the additional expense. Accordingly, the parties respectfully request that it be continued for approximately 60 days to allow this matter to either resolve informally, or to allow the parties to participate in mediation if required.

The case management conference is continued to September 3, 2010 at 8:30 a.m.

20100624

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