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F. G. Crosthwaite, et al., As Trustees of the Operating Engineers' Health and Welfare Trust Fund, et al. v. Dun Engineering Services

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


October 17, 2011

F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, ET AL.
PLAINTIFFS,
v.
DUN ENGINEERING SERVICES, AKA DUN TIME: 1:30 P.M. ENGINEERING SERVICES, INC., A CALIFORNIA COURTROOM: 12, 19TH FLOOR 19 CORPORATION; AND THOMAS PADILLA, INDIVIDUALLY, 450 GOLDEN GATE AVENUE SAN FRANCISCO, CA 94102 DEFENDANTS.

The opinion of the court was delivered by: Judge: Honorable Thelton E. Henderson

Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 San Francisco, CA 94104 (415) 882-7900 (415) 882-9287 -- Facsimile mkaplan@sjlawcorp.com mstafford@sjlawcorp.com Attorneys for Plaintiffs Matthew Warren Quall, Esq. (SBN 183759) LANG, RICHERT AND PATCH 5200 North Palm Avenue, 4th Floor Fresno, CA 93704 (559) 228-6700 (559) 228-6727 -- Facsimile 10 mwq@lrplaw.net Attorneys for Defendant Dun Engineering Services

JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE

Plaintiffs and Defendant Dun Engineering Services "Dun Engineering" jointly request that 24 the Case Management Conference currently scheduled for October 17, 2011, at 1:30 p.m., be 25 continued for approximately 60 -- 90 days, as follows: 26

1. This action was filed by Plaintiffs for contributions due by Defendants to the Trust Funds and to compel Defendants to comply with an audit of their payroll records. 28

2. Shortly after service of the complaint, Defendants complied with the audit. The auditor completed analyzing the documents and prepared an audit report. The audit report is now 2 being reviewed by both parties.

3. Mediation has been scheduled for November 2, 2011.

4. 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, and a mediation has 6 already been scheduled. 7

5. We therefore jointly request that the Case Management Conference be continued for 60 -- 90 days to allow the parties ample time to prepare and attend the mediation.

IT IS SO ORDERED.

December 19, 2011 1:30 PM 19 accordingly. ES DIST

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

10/06/2011

Date:

UNITED STATES DISTRICT JUDGE Judge Thelton Henderson

20111017

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