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Pension Trust Fund For Operating Engineers v. Tractor Equipment Sales

May 30, 2012

PENSION TRUST FUND FOR OPERATING ENGINEERS; F.G. CROSTHWAITE AND
RUSSELL E. BURNS, AS TRUSTEES, PLAINTIFFS,
v.
TRACTOR EQUIPMENT SALES, INC., A CALIFORNIA CORPORATION, J.L. WHITE INTERNATIONAL, INC., A CALIFORNIA
CORPORATION, TES ASSET MANAGEMENT AND CONSULTING GROUP, A CALIFORNIA JOINT VENTURE, AND DOES 1-20 DEFENDANTS.



The opinion of the court was delivered by: Judge: The Honorable Jeffrey S. White

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ALL RELATED DEADLINES;

[PROPOSED] ORDER THEREON

Date: June 22, 2012 Time: 1:30 p.m.

Courtroom 11, 19th Floor

Plaintiffs herein respectfully request that the Case Management Conference currently on 21 calendar for June 22, 2012, 1:30 p.m., and all related deadlines, including ADR deadlines, be 22 continued for 60 days, in anticipation of Plaintiffs filing a Request for Entry of Default and/or 23 amending the complaint to name new defendants. 24

1. Good Cause exists for the request: This action arises under the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Multiemployer Pension 26 Plan Amendments Act of 1980 (29 U.S.C §§1001-1461 (1982)), to recover withdrawal liability 27 amounts owed by Tractor Equipment Sales, Inc. and its controlled group members to Plaintiffs 28 Pension Trust Fund for Operating Engineers, F.G. Crosthwaite, and Russell E. Burns 2 ("Plaintiffs"). 3

5 corporation, J.L. White International, Inc., a California corporation, and TES Asset Management 6 and Consulting Group, a California joint venture, by personal service on Jim White, authorized 7 agent and/or officer for each Defendant on April 9, 2012. A proof of service was filed on April 8 19, 2012 (Docket 10). 9

4. Defendant Tractor Equipment Sales, a California corporation, filed a Chapter 7

Bankruptcy in the U.S. Bankruptcy Court, Northern District of California, on May 14, 2012. 11

Plaintiffs will be filing a Notice of Automatic Stay as to this Defendant. However, Plaintiffs are 12 trying to determine if any other Defendants are also affected by this bankruptcy. 13

14 to the Complaint and the time to do so has expired. 15

16 named defendants, regarding the lawsuit. Mr. White has provided information that may lead to 17 plaintiffs dismissing certain defendants and amending the complaint to add others. Plaintiffs will 18 need additional time to investigate and verify the information provided by Mr. White and amend 19 the complaint accordingly if needed, and/or take the non-responding defendants' default if 20 necessary. 21

2. On March 1, 2012 Plaintiffs filed a Complaint in this matter.

3. Service was effectuated on Defendants Tractor Equipment Sales, ...


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