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F. G. Crosthwaite, et al., As Trustees of the Operating v. Dun

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


May 23, 2012

F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, ET AL. PLAINTIFFS,
v.
DUN ENGINEERING SERVICES, AKA DUN ENGINEERING SERVICES, INC., A CALIFORNIA CORPORATION; AND THOMAS PADILLA, INDIVIDUALLY,
DEFENDANTS.

JOINT CASE MANAGEMENT STATEMENT AND REQUEST TO VACATE OR CONTINUE

Date: June 4, 2012 Time: 1:30 p.m. Courtroom: 12, 19th Floor 450 Golden Gate Avenue San Francisco, CA 94102 Judge: Honorable Thelton E. Henderson Plaintiffs and Defendant Dun Engineering Services "Dun Engineering" jointly request that 24 the Case Management Conference currently scheduled for June 4, 2012, at 1:30 p.m., be either 25 vacated or continued for approximately 30 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. 2

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 were 8 produced by Defendants. 9

5. The matter has now resolved, with a Notice of Settlement filed on or about May 3, 10 2012. The parties are working on settlement documents and expect the documents to be executed 11 and payment made within the next few weeks. 12

6. 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 either be 14 vacated or continued for 30 days to allow the parties to conclude the settlement. Plaintiffs will 15 thereafter dismiss the action with prejudice. 16

Dated: May 22, 2012 SALTZMAN & JOHNSON LAWCORPORATION 17 18 By: _____________/s/_________________ Michele R. Stafford 19 Attorneys for Plaintiffs 20 Dated: May 22, 2012 LANG, RICHERT AND PATCH 21 By: _____________/s/_________________ Matthew W. Quall 22 Attorneys for Defendant Dun Engineering Services

IT IS SO ORDERED. 25

The currently set Case Management Conference is hereby vacated / continued to __________________________ at __________________. All related July 9, 2012 1:30 p.m. deadlines are extended accordingly. 27

UNITED STATES DISTRICT JUDGE

20120523

© 1992-2012 VersusLaw Inc.



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