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Gil Crosthwaite and Russ Burns, In Their Respective Capacities As Trustees of the v. Peak Engineering Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


December 30, 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.
PEAK ENGINEERING INC., A CALIFORNIA CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Judge: Honorable Richard Seeborg

*E-Filed 12/30/10

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE

Date: January 6, 2011 Time: 10:00 a.m. Location: Courtroom 3, 17th Floor 450 Golden Gate Avenue San Francisco, California

Plaintiffs herein respectfully request a Continuance of the Case Management Conference currently on calendar for January 6, 2011 at 10:00 a.m.

1. As the Court is aware, on July 27, 2010, default was entered against Defendant in this matter.

2. Plaintiffs recently discovered that Defendant has closed its doors. However, Plaintiffs have made bond claims and are investigating other avenues for collection, including a 24 possible alter ego company to be named in the current action. The investigation, including 25 obtaining records from the Secretary of State and other sources, is almost complete. The results 26 need to be evaluated and discussed, to ascertain whether additional defendants should be added to 27 this action. Accordingly, Plaintiffs request that the Case Management Conference, currently scheduled for January 6, 2011, be continued for ninety (90) days to allow Plaintiffs time to 2 complete our investigation.

3. There are no issues that need to be addressed at the currently scheduled conference.

I declare under penalty of perjury that the foregoing is true and correct of my own personal knowledge and if called upon to testify, I could competently testify thereto.

Executed this 30th day of December, 2010, at San Francisco, California.

SALTZMAN & JOHNSON LAW CORPORATION Michele R. Stafford Attorneys for Plaintiffs

IT IS SO ORDERED:

The Case Management Conference in this matter shall be continued to 2011 at 10:00 a.m., and all other previously set dates shall March 17, be vacated, and reset at that time as necessary.

UNITED STATES DISTRICT COURT JUDGE

20101230

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