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Operating Engineers' Pension Trust Fund; F.G. Crosthwaite and v. Terrasearch

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (OAKLAND DIVISION)


August 24, 2011

OPERATING ENGINEERS' PENSION TRUST FUND; F.G. CROSTHWAITE AND RUSSELL E. BURNS, AS TRUSTEES,
PLAINTIFFS,
v.
TERRASEARCH, A CALIFORNIA CORPORATION, MAK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND DOES 1-20,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Honorable Laurel Beeler

RICHARD C. JOHNSON (SBN 40881) SHAAMINI A. BABU (SBN 230704) SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 (415) 882-7900 (415) 882-9287 -- Facsimile djohnson@sjlawcorp.com sbabu@sjlawcorp.com Attorneys for Plaintiffs

STIPULATION CONTINUING HEARING ON MOTION TO SET ASIDE DEFAULT; [PROPOSED] ORDER

Date: September 25, 2011

Time: 11:00 a.m.

Ctrm: 4, 3rd Floor

Defendants filed their Motion to Set Aside the Default ("MSAD") on June 22, 2011.

Docket No. 43. The MSAD was referred to Magistrate Judge Beeler for report and 22 recommendation on June 24, 2011. Docket No. 44. Judge Beeler issued an Order setting the 23 hearing on the MSAD for September 1, 2011, with Plaintiffs' Opposition due July 18, 2011, and Defendants' Reply Brief due July 25, 2011. Docket No. 47. Pursuant to a stipulation between the 25 parties and this Court's Order, the hearing on the motion was continued to September 25, 2011, 26 with the opposition due August 25, 2011, and reply brief due September 1, 2011. Docket 51. 7

Defendants are continuing to provide information and documents to Plaintiffs in an attempt to resolve this matter. Additionally, the parties are attempting to negotiate a stipulated judgment and 2 if the parties stipulate to a judgment the MSAD will become moot.

As such, the parties hereby stipulate to continue the hearing on the MSAD to October 6, 2011, at 11:00 a.m., and further stipulate that Plaintiffs' Opposition shall be due on September 15, 2011, and Defendants' Reply Brief shall be due on September 22, 2011.

IT IS SO ORDERED.

Based on the foregoing, and good cause appearing, the hearing on Defendants' Motion to Set Aside Default is hereby calendared for October 6, 2011, at 11:00 a.m. Plaintiffs' Opposition 19 shall be filed by September 15, 2011, and Defendants' Reply Brief shall be filed by September 22, 2011.

IT SO ORDERED

LAUREL BEELER Judge

Laurel Beeler Magistrate Judge

20110824

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