UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
January 24, 2013
F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF
THE OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, ET AL.
GALLETTI & SONS, INC., AKA GALLETTI AND SONS, INC., FKA GALLETTI CONCRETE PUMPING CO., AKA GALLETTI CONCRETE, INC., A CALIFORNIA CORPORATION,
The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Court
REQUEST FOR REFUND OF SECURITY 14 POSTED WITH COURT PER THE COURT'S AUGUST 10, 2012 ORDER
I, Michele R. Stafford, declare: 21
1. I am an attorney at law licensed to practice in the State of California, and am a 22 shareholder of Saltzman and Johnson Law Corporation, attorneys for Plaintiffs herein. 23
2. As the Court's records will reflect, on August 9, 2012, Plaintiffs filed an Application for Writ of Attachment, Ex-Parte Right to Attach Order, and Temporary Restraining 25 Order with the Court [Dkt. Nos. 24-30]. 26
3. On August 10, 2012, the Court issued an Order Granting Plaintiffs' Application for Temporary Restraining Order and Order to Show Cause, ordering Plaintiffs to "post security in the 28 amount of $5,000.00 within two (2) court days after the date of this Order." [Dkt. No. 31.] 2
4. On August 14, 2012, Plaintiffs tendered a check in the amount of $5,000.00 with 3 the Court, as the required security deposit. [Dkt. No. 33.] 4
5. On October 3, 2012, the Court administratively closed the case, directing the clerk 5 to deliver deposited funds to the Trustee in Defendants' bankruptcy action. 6
6. In late December 2012, this office was contacted by Ana Banares, Financial Special II, Clerk's Office Administration, United States District Court for the Northern District, regarding 8 the $5,000.00 security bond posted with the Court. 9
7. Accordingly, Plaintiffs respectfully request that a refund of the $5,000.00 security 10 posted with the Court be issued to Plaintiffs, in a check made payable to "Operating Engineers 11 Health & Welfare Trust Fund," and sent c/o Plaintiffs' counsel, Michele R. Stafford, Esq., at 12 Saltzman & Johnson Law Corporation, 44 Montgomery Street, San Francisco, California 94104. 13
I declare under penalty of perjury that the foregoing is true and correct and that if called 14 upon as a witness, I could testify to the foregoing on the basis of my personal, direct knowledge. 15
Executed this 9th day of January, 2013, at San Francisco, California.
/S/Michele R. Stafford Michele R. Stafford
IT IS SO ORDERED. 20
Based on the foregoing, and GOOD CAUSE APPEARING, the Court hereby directs the
Clerk to issue a refund of $5,000.00 to Plaintiffs.
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