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F. G. Crosthwaite, et al., As Trustees of the Operating Engineers' Health and Welfare Trust Fund, et al. v. Sierra Equipment Rental

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 19, 2012

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

REQUEST TO EXTEND TIME FOR SERVICE [F.R.C.P. 4(m); L.R. 6-3]; DECLARATION OF BLAKE E. WILLIAMS IN SUPPORT THEREOF

Plaintiffs respectfully request that the Court, under Federal Rules of Civil Procedure Rule 4(m) and Northern District of California Civil Local Rule 6-3, issue an Order extending the time 20 for service of the Summons and Complaint on Defendants SIERRA EQUIPMENT RENTAL, 21 INC., a California corporation, and MEL WEIR, an individual, for approximately sixty (60) days, 22 as follows: 23

1. A Complaint was filed in this action on January 20, 2012, to compel Defendants' 24 compliance with the terms of their Collective Bargaining Agreement by submitting payment for 25 contributions they reported as due for work performed by their employees during the months of 26 September through November 2011.

2 year payment plan, with payments starting in April 2012. Because of the substantial amount of 3 debt and the length of the payment plan, Plaintiffs' Trustees rejected the request. 4

5 court documents were ultimately sent out for service on Defendants on March 20, 2012. 6

2. Defendants, through their counsel, indicated that they would like to enter into a two

3. Due to the uncertainty of recovery, the Complaint, Summons, and all applicable

4. On March 30, 2012, an attempt at service of the Complaint and Summons on

Defendants at the Glenn, California address was unsuccessful. [See Request to Extend Time for 8

Service, Docket No. 10, Exhibit A] 9

10 the Summons and Complaint. He stated that he does not have the authority to accept service on 11 behalf of his clients. 12

5. Plaintiffs then contacted Defendants' counsel to ask if he would accept service of

6. Upon research, Plaintiffs discovered an alternative address for Defendant Mel

Weir, located in Greenbrae, California. However, upon further research, Plaintiffs discovered the 14 address belongs to another business called Cash Flow Express, Inc. [See Request to Extend Time 15 for Service, Docket No. 10, Exhibit C, D] 16

7. Pursuant to Plaintiffs' request, a private investigator conducted a search on a valid

17 address to serve Defendants, and found one address for the agent for service of process for Sierra 18

Equipment Rental, Inc., and another address for Mel Weir. The process server is in the process of 19 attempting to serve Defendants at those alternate addresses. 20

21 serve Defendants by publication or by other means necessary.

8. If Defendants cannot be located within thirty (30) days, Plaintiffs will attempt to

9. Plaintiffs are still in the process of attempting to serve Defendants. Pursuant to

F.R.Civ.P. 4(m), Plaintiffs have 120 days from the date the complaint was filed to serve 24

Defendants. The time period to serve Defendants expires today. Plaintiffs will need more time to 25 serve Defendants. If personal service cannot be completed, then substitute service will be 26 attempted, and service will not be completed until ten (10) days after mailing. 27 28

10. Therefore, Plaintiffs respectfully request that the Court issues an Order extending

2 the time for service of the Complaint and Summons for a period of sixty (60) days in order to 3 allow Plaintiffs ample time to complete service on Defendants. 4

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

5 entitled action, and that the foregoing is true to the best of my knowledge and belief. 6

Executed this 18th day of July, 2012 at San Francisco, California.

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

IT IS SO ORDERED. 12

The time limit for service of the Complaint and Summons in this action is hereby extended to __________, 2012.

9/14

UNITED STATES DISTRICT COURT

20120719

© 1992-2012 VersusLaw Inc.



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