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F.G. Crosthwaite, et al., As Trustees of the Operating Engineers' Health v. Holt of California

February 27, 2012

F.G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGINEERS' HEALTH
AND WELFARE TRUST FUND, ET AL.,
PLAINTIFFS,
v.
HOLT OF CALIFORNIA, A CALIFORNIA CORPORATION, AKA HOLT OF CALIFORNIA,
DEFENDANT.



The opinion of the court was delivered by: Judge: The Honorable Saundra B. Armstrong

Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 Telephone: (415) 882-7900 4 Facsimile: (415) 882-9287 mkaplan@sjlawcorp.com 5 mstafford@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 9

Crtm: Via Telephone

Date: March 7, 2012 INC., Time: 2:30 p.m. 16

JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; JOINT CASE MANAGEMENT STATEMENT; ORDER THEREON

The parties herein respectfully submit their joint Case Management Statement and joint 20 request to continue the Case Management Conference, currently on calendar for March 7, 2012, 21 for approximately 60 days. 22

1. As the Court's records will reflect, this action was filed on April 8, 2011 to compel Defendant's provision of certain documents for examination by Plaintiffs' auditor, which were 24 necessary to complete an audit of Defendant's records pursuant to the terms of Defendant's 25 Collective Bargaining Agreement and the governing documents of the Plaintiffs. 26

2. Service on Defendant was effectuated on April 12, 2011. A Proof of Service of Summons was filed with the Court on April 19, 2011.

3. On May 4, 2011, Defendant filed an Answer to the Complaint, and a Motion to Compel Arbitration, Request for Dismissal and/or Sever and Stay of Union Proceedings. 3

4. On August 31, 2011, the parties filed a Stipulation to Amend Complaint dismissing 4 the Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, 5 AFL-CIO, Withdraw Motion to Compel Arbitration, and Request for Early Neutral Evaluation. 6

5. On September 26, 2011, the Court issued an Order dismissing the Operating Engineers Local Union No. 3 of the International Union of Operating Engineers, AFL-CIO from 8 the case, and referred the matter to Early Neutral Evaluation. 9

6. On November 16, 2011, an Early Neutral Evaluation session was held with Evaluator Stephen A. McKae, wherein the parties reached an agreement for Defendant to provide 11 Plaintiffs' auditor with specific documents necessary to complete the audit. 12 13 documents which are currently being reviewed and analyzed by the auditor. 14

7. Defendant has provided Plaintiff Trust Funds' auditor with the requested 8. Accordingly, the parties hereto respectfully request that the Case Management Conference, currently scheduled for March 7, 2012, be continued for approximately 60 days to 16 allow for the audit report to be issued, reviewed by Defendant, and for any necessary discussion 17 between the parties to ensue in the aim of resolving any outstanding issues without the further 18 intervention of the Court. If the matter is resolved, Plaintiffs will dismiss this action; if not, 19 Plaintiffs will take further appropriate action, to be determined upon any dispute that is not 20 otherwise resolved. 21

9. There are no issues that need to be addressed by the parties at the currently 2 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 3 time and resources, the parties jointly request that the Court continue the ...


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