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

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


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 Defendant, Mel Weir, 16 could not be located. 17

18 on a valid address to serve Defendant Weir. Plaintiffs are in the process of completing service by 19 substitution on a residential address researched by the investigator. Three attempts have been 20 made, with the fourth attempt being made either today or tomorrow. However, service will not be 21 deemed completed until ten (10) days after the mailing of the Complaint and Summons. 22

5. Plaintiffs also attempted to serve Defendants at an alternate address, but that

6. Defendant Sierra Equipment Rental, Inc. was served on July 25, 2012 through their

7. Further efforts were made by contacting a private investigator to conduct a search

8. In addition, Plaintiffs are pursuing leads for personal service in the city of Chico,

California. 24

9. Once Defendants are served, Plaintiffs will immediately request entry of default

25 and file a Motion for Default Judgment. 26

27 request that the Court issue an Order extending the time for service of the Complaint and 28

10. The last day to serve Defendants is September 14, 2012. Therefore, Plaintiffs

Summons for a period of twenty-one (21) days in order to allow Plaintiffs to complete substitute 2 service on Defendant Weir. 3

11. There is nothing for the Court to consider at this time, and Plaintiffs also

4 respectfully request that the Court continue the Case Management Conference for a period of 5 ninety (90) days to allow sufficient time to serve Defendants, to allow time for Defendants' to 6 respond to the Complaint, and for the preparation of the Motion for Default Judgment. 7

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

8 entitled action, and that the foregoing is true to the best of my knowledge and belief. 9

Executed this 10th day of September, 2012 at San Francisco, California.

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

IT IS SO ORDERED. 14

The time limit for service of the Complaint and Summons in this action is hereby extended Oct. 5 to _________________, 2012; and 16

The Case Management Conference in this action is hereby continued to __________, Dec. 14 2012. All related deadlines are extended accordingly. 18 19

UNITED STATES DISTRICT JUDGE

20120911

© 1992-2012 VersusLaw Inc.



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