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F. G. Crosthwaite, et al., As Trustees of of v. Sierra Equipment Rental

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 12, 2012

F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF OF THE OPERATING ENGINEERS' HEALTH
AND WELFARE TRUST FUND, ET AL.
PLAINTIFFS,
v.
SIERRA EQUIPMENT RENTAL, INC., A
CALIFORNIA CORPORATION; AND MEL WEIR,
INDIVIDUALLY,

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; DECLARATION OF BLAKE E. WILLIAMS IN SUPPORT THEREOF

Date: July 20, 2012 Time: 2:30 p.m. Ctrm: 10, 19th Floor 15 450 Golden Gate Avenue Defendants. San Francisco, California 94102 Judge: The Honorable Susan Illston

Plaintiffs respectfully request that the Case Management Conference scheduled for July 20, 2012, at 2:30 p.m., be continued for approximately sixty (60) days, as follows: 20 1. A Complaint was filed in this action on January 20, 2012, to compel Defendants' 19 21 compliance with their obligations under the Collective Bargaining Agreement to which they are 22 signatory. 23

2. In or about January 2012, Defendants, through their counsel, indicated that they 24 would like to enter into a two year payment plan, with payments starting in April 2012. 25 Defendants owe over $175,000.00. Because of the substantial amount of debt and the length of 26 the payment plan, Plaintiffs' Trustees rejected the request. 27

3. On March 20, 2012, the Complaint, Summons, and all applicable court documents 28 were sent out for service on Defendants. 4. Defendants' counsel stated that he was not authorized to accept service on behalf of 2 his clients. Therefore, Plaintiffs attempted to serve Defendants at their place of business, but 3 Defendants had moved out the prior month. See Request to Extend Time for Service, docket no. 4 10, ¶4, Exhibit A. 5 5. Plaintiffs also attempted to serve Defendants at an alternate address, but that 6 address was also invalid. See Request to Extend Time for Service, docket no. 10, ¶8, Exhibit D. 7 6. Further efforts were made by contacting a private investigator to conduct a search 8 on a valid address to serve Defendants. The result of the investigation is still pending. 9 7. If Defendants cannot be located within thirty (30) days, Plaintiffs will attempt to 10 serve Defendants by publication or by other means necessary.

8. The last day to serve Defendants is July 18, 2012. If Plaintiffs cannot locate Defendants by that date, Plaintiffs will file a Request to Extend Time for Service. 13 9. Therefore, there is nothing for the Court to consider at this time, and Plaintiffs 12 14 respectfully request that the Court continue the Case Management Conference for a period of sixty 15 (60) days to allow sufficient time to serve Defendants, and to allow time for Defendants' to 16 respond to the Complaint. 17 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above- 18 entitled action, and that the foregoing is true to the best of my knowledge and belief. 19 Executed this 10th day of July, 2012 at San Francisco, California.

SALTZMAN & JOHNSON LAWCORPORATION By: ___________/s/________________ Blake E. Williams Attorneys for Plaintiffs

IT IS SO ORDERED. 24

The Case Management Conference in this action is hereby continued to 9/21/12 2012. All related deadlines are extended accordingly.

UNITED STATES DISTRICT JUDGE

20120712

© 1992-2012 VersusLaw Inc.



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