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Pension Trust Fund For Operating Engineers v. Tractor Equipment Sales

August 1, 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

Date: August 24, 2012 Time: 1:30 p.m. 15 Courtroom 11, 19th Floor

REQUEST TO CONTINUE CASE 12 MANAGEMENT CONFERENCE AND ALL RELATED DEADLINES; [PROPOSED] ORDER THEREON

Plaintiffs herein respectfully request that the Case Management Conference currently on 21 calendar for August 24, 2012, 1:30 p.m., and all related deadlines, including ADR deadlines, be 22 continued for 90 days, to coincide with plaintiffs' Motion for Default as to defendant TES Asset 23 Management and Consulting Group, a California joint venture and to coincide with plaintiffs 24 amending the complaint to name new defendants. 25

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 27 Plan Amendments Act of 1980 (29 U.S.C §§1001-1461 (1982)), to recover withdrawal liability 28 amounts owed by Tractor Equipment Sales, Inc. and its controlled group members to plaintiffs 2 Pension Trust Fund for Operating Engineers, F.G. Crosthwaite, and Russell E. Burns 3 ("Plaintiffs"). 4

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

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

3. Service was effectuated on defendants Tractor Equipment Sales, Inc., a California 2012. (Dkt. # 10) 10

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. On 12 June 7, 2012, plaintiffs filed a Notice of Automatic Stay Under 11 U.S.C. Section 362 as to 13 defendant Tractor Equipment Sales, Inc. only. (Dkt. #15) Further, plaintiffs' counsel made an 14 appearance at the Meeting of Creditors wherein plaintiffs' counsel conferred with counsel for 15 defendant Tractor Equipment Sales, a California corporation and the Bankruptcy Trustee. 16

Plaintiffs' counsel anticipates conducting a Federal Rules of Bankruptcy Procedure §2004 Exam 17 of principal Steven Van Tuyl to determine whether or not plaintiffs will be adding defendants to 18 this instant action. 19

20 scheduled on June 22, 2012, and all of its associated deadlines, be continued for 60 days in 21 anticipation of plaintiffs filing a Request for Entry of Default against Defendant and/or amending 22 the complaint to add new defendants. (Dkt. 12) 23

5. On May 29, 2012, plaintiffs requested that the Case Management Conference

6. On May 30, 2012, the Motion to Continue Case Management was granted by the Court and the Case Management Conference was continued to August 24, 2012 at 1:30 pm. (Dkt. 25 #13) 26 27 28

7. On June 19, 2012, plaintiffs filed a Notice of Voluntary Dismissal of Defendant J.L. White International, Inc. only. (Dkt. 16) Plaintiffs' counsel was contacted by Jim White, the 3 authorized agent for the named defendants, regarding the lawsuit, and provided information that 4 lead to Defendant J.L. White International, Inc. dismissal. 5

8. On July 25, 2012, plaintiffs filed a Request for Default of TES Asset Management 6 and Consulting Group, a California ...


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