UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
November 14, 2011
GIL CROSTHWAITE AND RUSS BURNS, IN THEIR
RESPECTIVE CAPACITIES AS TRUSTEES OF THE
OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, ET AL.,
JAMES RAY BECK, 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
JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
450 Golden Gate Avenue & San Francisco, CA 94102 Time: 10:00 a.m. Courtroom: 1, 17th Floor Date: November 18, 2011
Plaintiffs and Defendants jointly request that the Case Management Conference scheduled 24 for November 18, 2011, at 10:00 a.m. be continued for approximately 45 days, as follows: 25 1. On May 27, 2011, Plaintiffs filed an Amended Complaint in Crosthwaite v. Paul T. Beck Contractors, Inc. ("PTB Matter"), Case No C10-0151-SC, to include all Defendants named 27 in this Action as co-Defendants on a theory of alter ego liability. 28 2. On June 24, 2011, all Defendants filed their Answer to the Amended Complaint in the PTB Matter. 2
3. On July 15, 2011, Plaintiffs filed an Administrative Motion to Consider Whether 3 this Matter should be related to the PTB Matter, Pursuant to Civil Local Rule 3-12. 4 4. On July 22, 2011, the Court issued a Related Case Order, relating the two matters 5 before the Honorable Samuel Conti. 6
5. The Parties are currently engaged in active settlement discussions and are working 7 toward an informal resolution of this Matter. It is the consensus of the Parties that if a settlement 8 can be reached outside of Court, it will be reached in the next several weeks. All Defendants are 9 aware that if a resolution cannot be reached informally, Plaintiffs will file a Motion for Summary 10 Judgment against all Defendants named in the PTB Matter. 11 6. Given the state of the Parties' settlement discussions, there is nothing to discuss at a Case Management Conference at the present time. 13
7. We therefore jointly request that the Case Management Conference be continued 12 14 for approximately 45 days to allow the Parties time to conclude their settlement discussions. All 15 related deadlines (such as Rule 26 disclosures) shall also be continued along with the Case 16 Management Conference.
Dated: November 10, 2011 SALTZMAN & JOHNSON LAWCORPORATION By: _____________/s/_________________ Blake E. Williams Attorneys for Plaintiffs Dated: November 10, 2011 BOHNEN, ROSENTHAL & KREEFT 22 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 accordingly. 10:00 a.m.
IT IS SO ORDERED
Judge Samuel Conti UNITES STATES DISTRICT JUDGE
PROOF OF SERVICE:
I, the undersigned, declare: 3
I am employed in the County of San Francisco, State of California. I am over the age of 2 4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, 5 San Francisco, California 94104. 6 On November 10, 2011, I served the following document(s) on the parties to this action in 7 the manner described below: 8
JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE 9
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 10 means by transmittal of a Notice of Electronic Filing on the registered participants of the ECF System.
Andrew B. Kreeft, Esq. Sergio H. Parra, Esq. Bohnen, Rosenthal & Kreeft 14 787 Munras Avenue, Suite 200 Monterey, California 93940 15 VIA ECF Attorneys for Defendants 16 I declare under penalty of perjury that the foregoing is true and correct and that this 17 declaration was executed on this 10th day of November, 2011, at San Francisco, California. 18
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