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Gil Crosthwaite and Russ Burns, In Their v. Paul T. Beck Contractors

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 18, 2011

GIL CROSTHWAITE AND RUSS BURNS, IN THEIR
RESPECTIVE CAPACITIES AS TRUSTEES OF THE
WELFARE TRUST FUND, ET AL.,
PLAINTIFFS,
v.
PAUL T. BECK CONTRACTORS, INC., A 450 GOLDEN GATE AVENUE
CALIFORNIA CORPORATION; JAMES RAY BECK, SAN FRANCISCO, CA 94102 INDIVIDUALLY, AND DBA JRB GRADING & PAVING AKA JRB GRADING & PAVING, LLC., A LIMITED LIABILITY COMPANY, DEFENDANTS.

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

OPERATING ENGINEERS' HEALTH AND JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE

Date: July 22, 2011

Time: 10:00 a.m.

Courtroom: 1, 17th Floor

Plaintiffs and Defendants jointly request that the Case Management Conference currently scheduled for July 22, 2011, at 10:00 a.m. be continued for approximately 60 -- 90 days, as 28 follows:

1. On May 27, 2011, Plaintiffs filed an Amended Complaint to include Defendants James Ray Beck, individually and doing business as JRB Grading & Paving, also known as JRB Grading & Paving, LLC.

2. On June 24, 2011, Defendants filed their Answer to the Amended Complaint.

3. Earlier today, Plaintiffs filed an Administrative Motion to Consider Whether Case No. C11-0454 PJH (Operating Engineers Health & Welfare Trust Fund v. James Ray Beck, 7 individually, and dba JRB Grading & Paving aka JRB Grading & Paving, LLC) should be Related

Pursuant to Civil Local Rule 3-12.

4. Both parties anticipate further discovery and may wish to participate in mediation in the event that a resolution cannot be reached informally through direct negotiations.

5. If resolution cannot be reached informally, Plaintiffs will file a Motion for Summary Judgment.

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

7. We therefore jointly request that the Case Management Conference be continued for 60 -- 90 days to allow the parties ample time to propound further discovery, and prepare and 17 attend mediation, or in the alternative, prepare a Motion for Summary Judgment. 18

Dated: July 15, 2011 SALTZMAN & JOHNSON LAWCORPORATION By: s/ Blake E. Williams Attorneys for Plaintiffs Dated: July 15, 2011 BOHNEN, ROSENTHAL & KREEFT 23 By:s/ Sergio H. Parra Attorneys for Defendants

IT IS SO ORDERED.

The currently set Case Management Conference is hereby continued to__________________________ at __________________. All related deadlines are extended

November 18, 2011

10:00 a.m

accordingly.

IS SO ORDERED IT DISTRICT JUDGE

Samuel Conti

O Judge O

PROOF OF SERVICE:

I, the undersigned, declare:

I am employed in the County of San Francisco, State of California. I am over the age of

4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110,

San Francisco, California 94104.

On July 15, 2011, I served the following document(s) on the parties to this action in the manner described below:

JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE

XX ELECTRONICALLY by causing said document to be electronically filed using the Court's Electronic Court Filing ("ECF") System and service was completed by electronic means by transmittal of a Notice of Electronic Filing on the registered participants of the ECF System.

To:

Andrew B. Kreeft, Esq. Sergio H. Parra, Esq. Bohnen, Rosenthal & Kreeft 787 Munras Avenue, Suite 200 Monterey, California 93940

VIA ECF

Attorneys for Defendants

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on this 15th day of July, 2011, at San Francisco, California.

/s/

Qui X. Lu

20110718

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