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F. G. Crosthwaite, et al., As Trustees of the Health and Welfare Trust Fund, et al. v. Merhav Development

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


August 23, 2012

F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE HEALTH AND WELFARE TRUST FUND, ET AL.
PLAINTIFFS,
v.
MERHAV DEVELOPMENT, INC., A CALIFORNIA CORPORATION, DBA SOUTHERN CALIFORNIA EARTHWORK, 450 GOLDEN GATE AVENUE SAN FRANCISCO, CALIFORNIA 94102 DEFENDANT.

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

OPERATING ENGINEERS' REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; DECLARATION OF MURIEL B. KAPLAN IN SUPPORT THEREOF Date: September 7, 2012 Time: 2:30 p.m. Ctrm: 10, 19th Floor 15

Plaintiffs respectfully request that the Case Management Conference scheduled for September 7, 2012, at 2:30 p.m., be continued for approximately 60 -- 90 days, as follows: 20

1. A Complaint was filed in this action on May 29, 2012 to compel Defendant's compliance with its obligations under the Collective Bargaining Agreement to which it is 22 signatory. 23

2. On May 30, 2012, the Complaint, Summons, and all applicable court documents were sent out for service on Defendant. 25

3. An attempt was made at the address for the agent for service of process indicated on the Secretary of State website. However, the address is a location of a P.O. box. Another 27 attempt was made at the address listed on Defendant's letterhead, which turned out to be another 28 P.O. box.

4. Plaintiffs are now in contact with an investigator to research a viable physical 2 address to serve Defendant. 3

5. The last day to serve Defendant is September 26, 2012. If Plaintiffs cannot locate Defendant by that date, Plaintiffs will file a Request to Extend Time for Service. 5

6. Therefore, there is nothing for the Court to consider at this time, and Plaintiffs 6 respectfully request that the Court continue the Case Management Conference for a period of 60 -- 90 days to allow sufficient time to serve Defendant, and to allow time for Defendant to respond to 8 the Complaint. 9

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

Executed this 23rd day of August, 2012 at San Francisco, California.

SALTZMAN & JOHNSON LAWCORPORATION By: ___________/S/______________ Muriel B. Kaplan Attorneys for Plaintiffs

IT IS SO ORDERED. 18

The Case Management Conference in this action is hereby continued to __________, 11/2/12 2012. All related deadlines are extended accordingly. 20

UNITED STATES DISTRICT JUDGE

20120823

© 1992-2012 VersusLaw Inc.



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