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

September 11, 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 DECLARATION OF BLAKE E. CALIFORNIA CORPORATION; AND MEL WEIR, WILLIAMS IN SUPPORT THEREOF
INDIVIDUALLY,
DEFENDANTS.



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

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; and REQUEST TO EXTEND TIME FOR SERVICE [F.R.C.P. 4(m); L.R. 6-3]; Date: September 20, 2012 Time: 2:30 p.m. Ctrm: 10, 19th Floor 450 Golden Gate Avenue San Francisco, California 94102

Plaintiffs respectfully request that (1) the Case Management Conference scheduled for September 20, 2012, at 2:30 p.m., be continued for approximately ninety (90) days, and (2) the 22 Court, under Federal Rules of Civil Procedure Rule 4(m) and Northern District of California Civil 23 Local Rule 6-3, issue an Order extending the time for service of the Summons and Complaint, as 24 follows: 25

1. A Complaint was filed in this action on January 20, 2012, to compel Defendants' 21 26 compliance with their obligations under the Collective Bargaining Agreement to which they are 27 signatory. 28

2 would like to enter into a two year payment plan, with payments starting in April 2012. 3

2. In or about January 2012, Defendants, through their counsel, indicated that they

Defendants owe over $175,000.00. Because of the substantial amount of debt and the length of 4 the payment plan, Plaintiffs' Trustees rejected the request. 5

6 were sent out for service on Defendants. 7

8 his clients. Therefore, Plaintiffs attempted to serve Defendants at their place of business, but 9

3. On March 20, 2012, the Complaint, Summons, and all applicable court documents

4. Defendants' counsel stated that he was not authorized to accept service on behalf of

Defendants had moved out the prior month. See Request to Extend Time for Service, docket no. 10

10, ¶4, Exhibit A. 11

12 address was also invalid. See Request to Extend Time for Service, docket no. 10, ¶8, Exhibit D. 13

14 agent for service of process. Plaintiffs recently received the proof of service from the process 15 server and will be filing it with the Court today. However, the individual ...


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