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Pension Trust Fund For Operating Engineers v. Tractor Equipment Sales

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


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, Inc., a California

5. As of the date of the filing of this request Defendants have failed to file a Response

6. Plaintiffs' counsel has been contacted by Jim White, authorized agent for the

7. Since no defendants have appeared in the action, there is no need to hold a Case

Management Conference or elect an ADR procedure. 23 24

Therefore, plaintiffs respectfully request that the Case Management Conference currently

scheduled for June 22, 2012, and all of its associated deadlines, be continued for 60 days in anticipation of Plaintiffs filing a Request for Entry of Default and/or amending its complaint 26 and/or dismissing certain defendants. 27

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above

2 entitled action, and that the foregoing is true of my own knowledge. 3

Executed this 29th day of May, 2012, at San Francisco, California.

SALTZMAN & JOHNSON LAW CORPORATION

By: ____________/S/____ _______________

Julie A. Ostil Attorneys for Plaintiffs

ORDER

IT IS SO ORDERED. 11

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to August 24, 2012 at 1:30 p.m. All related 13 deadlines, including ADR deadlines, are extended accordingly. 14 15

THE HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

PROOF OF SERVICE

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.

8 9 on the interested parties to this action, in the manner described as follows, addressed as below: 10

On May 29, 2012, I served the following document(s):

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ALL

RELATED DEADLINES; [PROPOSED] ORDER THEREON

XX MAIL by placing the envelope for collection and mailing on the date shown above following our ordinary business practices. Being readily familiar with this business's

practice for collecting and processing correspondence for mailing, on the same day that

correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed enveloped with postage fully

prepaid.

Tractor Equipment Sales, Inc J.L. White International, Inc. C/O Glenn Dagman, Agent for Service of C/O Jim L. White, Agent for Service of Process 15 Process 705 Tully Road 705 Tully Road San Jose, CA 95111 16 San Jose, CA 95111 17 TES Asset Management and Consulting Group 18 C/O Jim L. White 705 Tully Road 19 San Jose, CA 95111 20 21 22 declaration was executed on this 29th day of May, 2012, at San Francisco, California. 23

I declare under penalty of perjury that the foregoing is true and correct and that this

Barbara Savino

20120530

© 1992-2012 VersusLaw Inc.



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