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F. G. Crosthwaite, et al., As Trustees of v. Eric Stuart Swanson

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


August 17, 2012

F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF OF THE OPERATING ENGINEERS' HEALTH
AND WELFARE TRUST FUND, ET AL. PLAINTIFFS,
v.
ERIC STUART SWANSON, INDIVIDUALLY AND DBA ESS ENGINEERING,
DEFENDANT.

The opinion of the court was delivered by: Judge The Honorable Susan Illston

PLAINTIFFS' CASE MANAGEMENT CONFERENCE STATEMENT; [PROPOSED] ORDER THEREON

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE;

Date: August 28, 2012

Time: 2:30 p.m. 19

Ctrm: 10, 19th Floor

Plaintiffs herein respectfully submit their Case Management Statement, requesting that the Case Management Conference, currently on calendar for August 28, 2012, be continued or vacated 22 entirely, in anticipation of Plaintiffs filing a Motion for Default Judgment. 23

1. As the Court's records will reflect, a Complaint was filed in this matter on May 16, 2012, to compel Defendant's compliance with the terms of its Collective Bargaining Agreement. 25

2. Service on Defendant was effectuated on May 28, 2012, and a Proof of Service of Summons was filed with the Court on May 30, 2012. 27

3. On June 22, 2012, the Court entered the default of the Defendant.

4. To date, Defendant has failed to plead or otherwise defend or appear in this action.

Therefore, Plaintiffs are currently preparing a Motion for Default Judgment which they anticipate 3 filing with the Court promptly. 4

5. There are no issues that need to be addressed at the currently scheduled Case Management Conference. In the interest of conserving costs as well as the Court's time and 6 resources, Plaintiffs respectfully request that the Case Management Conference, currently 7 scheduled for August 28, 2012, be vacated, or in the alternative be continued to either coincide 8 with the date to be set for the Motion or continued for 90 days to allow filing and disposition of 9 the Motion. 10

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 11 entitled action, and that the foregoing is true of my own knowledge. 12

Executed this 17th day of August, 2012, at San Francisco, California.

SALTZMAN & JOHNSON LAW CORPORATION By: /S/Blake E. Williams Blake E. Williams Attorneys for Plaintiffs

IT IS SO ORDERED.

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby vacated.

or

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to. All related 10/12/12 at 3 p.m. deadlines are extended accordingly. 24 25

THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT

PROOF OF SERVICE

I, the undersigned, declare: 3

I am employed in the County of San Francisco, State of California. I am over the age of 4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110, 5 San Francisco, California 94104. 6

On August 17, 2012, I served the following document(s):

9 on the interested parties in said action, by First Class U.S. Mail, by placing a true and exact copy 10 of each document in a sealed envelope with postage thereon fully prepaid, in a United States Post Office box in San Francisco, California, addressed as follows:

Eric Stuart Swanson, Individually and dba ESS Engineering 23018 Canyon Terrace Castro Valley, California 94552

I declare under penalty of perjury that the foregoing is true and correct and that this 16 declaration was executed on this 17th day of August, 2012, at San Francisco, California. 17

/S/Vanessa de Fabrega

Vanessa de Fabrega

20120817

© 1992-2012 VersusLaw Inc.



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