UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
February 21, 2012
F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, ET AL. PLAINTIFFS,
DUN ENGINEERING SERVICES, AKA DUN ENGINEERING SERVICES, INC., A CALIFORNIA CORPORATION; AND THOMAS PADILLA, INDIVIDUALLY,
The opinion of the court was delivered by: Judge: Honorable Thelton E. Henderson
JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
Date: February 27, 2012 Time: 1:30 p.m. Courtroom: 12, 19th Floor 450 Golden Gate Avenue San Francisco, CA 94102
IT IS SO ORDERED AS MODIFIED
Plaintiffs and Defendant Dun Engineering Services "Dun Engineering" jointly request that 24 the Case Management Conference currently scheduled for February 27, 2012, at 1:30 p.m., as well 25 as the mediation deadline, be 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.
3. Prior to the November 2, 2011 mediation, Defendants made an offer to Plaintiffs, 3 apprising Plaintiffs of Defendants' poor financial condition and intent to discontinue operations. 4
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. 7
4. Financial documents to support Defendants' claim of financial hardship have been 8 recently produced and Plaintiffs are currently reviewing the documentation. 9
5. The mediation deadline has been extended by this Court to February 1, 2012. On 10 January 25, 2012, both parties participated in a mediation conference call and were advised to 11 address the issue of continuing the mediation deadline in this Case Management Conference 12 Statement. 13
6. There is nothing to discuss at a Case Management Conference at the present time 14 as the parties are cooperating with one another to move toward resolution. 15
7. We therefore jointly request that the Case Management Conference, as well as the 16 mediation deadline, be continued for 60 -- 90 days to allow the parties ample time to negotiate a 17 settlement. 18
Dated: February 16, 2012 SALTZMAN & JOHNSON LAWCORPORATION By: _____________/s/_________________ Michele R. Stafford Attorneys for Plaintiffs Dated: February 16, 2012 LANG, RICHERT AND PATCH 22 23 By: _____________/s/_________________ Matthew W. Quall Attorneys for Defendant Dun Engineering Services
Pursuant to the parties' stipulation, the currently set Case Management Conference is 2 hereby continued to May 21, 2012, at 1:30 PM. All related deadlines are extended accordingly. 3 4
The mediation deadline is also hereby extended to May 1, 2012. 5
IT IS SO ORDERED.
Judge Thelton E. Henderson
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