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F. G. Crosthwaite, et al., As Trustees of the Operating Engineers Health v. Jorge Edgard Quinones Dba Professional

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


February 28, 2012

F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND, ET AL.,
PLAINTIFFS,
v.
JORGE EDGARD QUINONES DBA PROFESSIONAL CONSTRUCTION SERVICES AKA PCS CONSTRUCTION, DEFENDANT.

PLAINTIFFS' REQUEST TO VACATE OR CONTINUE CASE MANAGEMENT CONFERENCE; PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON

Date: March 2, 2012 Time: 9:00 a.m.

Ctrm: th 18 5, 17 Floor

Judge: The Honorable Edward M. Chen

Plaintiffs herein respectfully submit their Case Management Statement, requesting that the 21 Case Management Conference, currently on calendar for March 2, 2012, be vacated or continued 22 for approximately 90 days, pending Plaintiffs' filing their Motion for Summary Judgment. 23 1. As the Court's records will reflect, a Complaint was filed in this matter on June 2, 24 2011, to compel Defendant's compliance with the terms of its Collective Bargaining Agreement. 25 2. Substitute service on Defendant was effectuated on June 20, 2011, and a Proof of 26 Service of Summons and Declaration Re Diligence were filed with the Court on June 22, 2011. 27 3. On July 27, 2011, the Clerk entered the default of Defendant. On August 11, 2011, 28 the parties filed a Stipulation Setting Aside Default, and on August 15, 2011, the Court issued an Order setting aside that default.

4. On August 18, 2011, Defendant filed an Answer to the Complaint. 5. On November 10, 2011, the parties stipulated to Mediation, and on November 10, 2011, the Court issued an Order referring the case to Mediation. On February 13, 2012, the parties 5 were finally contacted by the appointed Mediator regarding a possible extension of the Mediation 6 deadline as the matter apparently "fell through the cracks" in the ADR office. I advised the 7 Mediator that counsel for defendant Quinones had advised me several times the he/his client are 8 4 "too busy" to focus on the litigation. Due to the Defendant's disinterest, Plaintiffs do not 9 anticipate resolution through Mediation. Accordingly, Plaintiffs have commenced preparation of a 10 Motion for Summary Judgment which they anticipate filing with the Court within the next forty-11 five to sixty days.

6. There are no issues that need to be addressed at the currently scheduled Case Management Conference. In the interest of conserving costs as well as the Court's time and 3 resources, Plaintiffs respectfully request that the Case Management Conference, currently 4 scheduled for March 2, 2012, be vacated, or in the alternative be continued to either coincide with 5 the date to be set for the Motion or continued for 90 days to allow filing and disposition of the 6 Motion. 7

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 8 entitled action, and that the foregoing is true of my own knowledge. 9 10

Dated: February 23, 2012 SALTZMAN & JOHNSON LAW CORPORATION 11 12 By: /S/Michele R. Stafford 13 Michele R. Stafford Attorneys for Plaintiffs

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby vacated. 17 or Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to _____________________________. All related 6/29/12 at 9:00 a.m. 20 deadlines are extended accordingly.

21 2/28/12 Date: ____________________ D S IAT CT ES I TR THE S T CU CHEN UNITED STATES DISTRICT COURT JUDGE HONORABLE EDWARD M. T N IT IS SO ORDERED

I, the undersigned, declare: 3 I am a citizen of the United States and am employed in the County of San Francisco, State 4 of California. I am over the age of eighteen and not a party to this action. My business address is 5 44 Montgomery Street, Suite 2110, San Francisco, California 94104. 6 On February 23, 2012, I served the following documents:

7

PLAINTIFFS' REQUEST TO VACATE OR CONTINUE CASE MANAGEMENT 8

CONFERENCE; PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON 9 on the interested parties in said action by First Class U.S. Mail, by placing a true and exact copy of 10 each document in a sealed envelope with postage thereon fully prepaid, in a United States Post 11 Office box in San Francisco, California, addressed as follows: 12 Ari J. Lauer, Esq. 13 Law Offices of Ari J. Lauer 14 500 Ygnacio Valley Road, Suite 325 Walnut Creek, California 94596 15 16 I declare under penalty of perjury that the foregoing is true and correct and that this 17 declaration was executed on this 23rd day of February 2012, at San Francisco, California. 18 /S/ Vanessa de Fabrega 19 Vanessa de Fabrega

20120228

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