UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
December 12, 2011
F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, ET AL.
DUN ENGINEERING SERVICES, AKA DUN ENGINEERING SERVICES, INC., A CALIFORNIA CORPORATION; AND THOMAS PADILLA, INDIVIDUALLY, DEFENDANTS.
The opinion of the court was delivered by: Judge: Honorable Thelton E. Henderson
Date: December 19, 2011
Time: 1:30 p.m.
Courtroom: 12, 19th Floor
450 Golden Gate Avenue
San Francisco, CA 94102
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 December 19, 2011, at 1:30 p.m., be 25 continued for approximately 60 -- 90 days, as follows:
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.
2. Shortly after service of the complaint, Defendants complied with the audit. The auditor completed analyzing the documents and prepared an audit report.
3 apprising Plaintiffs of Defendants' poor financial condition and intent to discontinue operations.
3. Prior to the November 2, 2011 mediation, Defendants made an offer to Plaintiffs, Following a teleconference with the Mediator, the parties (and the Mediator) determined the 5 mediation should not go forward as scheduled, but that Plaintiffs be afforded additional time to 6 review the offer and attempt to negotiate with Defendants directly. Financial documents have 7 been requested from Defendants to support their offer. Plaintiffs are currently awaiting those 8 documentation. The parties intend to negotiate directly and, if necessary, re-set mediation before 9 the appointed Mediator.
4. The mediation deadline has been extended by this Court to February 1, 2012.
Plaintiffs have requested that Defendant provide certain financial information to support their 12 claim of financial distress for evaluation prior to a new mediation being scheduled.
5. Plaintiffs' counsel has a conflict with the December 19, 2011 date in that her firm's Holiday Party is scheduled for the same date and time as the upcoming Case Management Conference. Even if the Court is not inclined to grant the requested continuance, Plaintiffs' 16 counsel requests a continuance of at least 14 days. 18 as the parties are cooperating with one another to move toward resolution. 20 for 60 -- 90 days to allow the parties ample time to negotiate a settlement.
6. There is nothing to discuss at a Case Management Conference at the present time
7. We therefore jointly request that the Case Management Conference be continued
Dated: December 8, 2011 SALTZMAN & JOHNSON LAWCORPORATION By: ______________/S/________________ Michele R. Stafford Attorneys for Plaintiffs Dated: December 8, 2011 LANG, RICHERT AND PATCH By: ______________/S/________________ Matthew W. Quall Attorneys for Defendant Dun Engineering Services
IT IS SO ORDERED.
The currently set Case Management Conference is hereby continued to __________________________ at __________________. All related deadlines are extended February 27, 2012 1:30 PM accordingly.
UNITED STATES DISTRICT JUDGE
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