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Operating Engineers' Pension Trust Fund; F.G. Crosthwaite and Russell E. Burns, As Trustees v. Terrasearch

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


September 23, 2011

OPERATING ENGINEERS' PENSION TRUST FUND; F.G. CROSTHWAITE AND RUSSELL E. BURNS, AS TRUSTEES,
PLAINTIFFS,
v.
TERRASEARCH, A CALIFORNIA CORPORATION, 3 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] Date: October 6, 2011 Time: 11:00 a.m. Ctrm: 4, 3rd Floor

ORDER

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 21 recommendation on June 24, 2011. Docket No. 44. Judge Beeler issued an Order setting the 22 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 stipulations between the 24 parties and this Court's orders, the hearing on the motion was continued to September 25, 2011, 25 and then continued to October 6, 2011. Docket No. 51 and 53.

Defendants are continuing to provide information and documents to Plaintiffs in an attempt to resolve this matter. Further, the parties are attempting to negotiate a stipulated judgment and if 28 the parties stipulate to a judgment the MSAD will become moot. The parties require sufficient opportunity to produce and evaluate additional documents and information and to agree to the 2 scope of the stipulated judgment.

As such, the parties hereby stipulate to continue the hearing on the MSAD to December 15, 2011, at 11:00 a.m., and further stipulate that Plaintiffs' Opposition shall be due on November 23, 2011, and Defendants' Reply Brief shall be due on December 1, 2011. 6 7

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 December 15, 2011, at 11:00 a.m. Plaintiffs' Opposition shall be filed by November 23, 2011, and Defendants' Reply Brief shall be filed by December 1, 2011.

LAUREL N ITBEELER IS SO ORDERED United States Magistrate Judge A

Judge Laurel Beeler

20110923

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