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Pension Trust Fund For Operating Engineers; F.G. Crosthwaite and v. Tractor Equipment Sales

January 30, 2013

PENSION TRUST FUND FOR OPERATING ENGINEERS; F.G. CROSTHWAITE AND RUSSELL E. BURNS, AS TRUSTEES,
PLAINTIFFS,
v.
TRACTOR EQUIPMENT SALES, INC., A CALIFORNIA CORPORATION,
J.L. WHITE INTERNATIONAL, INC., A CALIFORNIA CORPORATION,
TES ASSET MANAGEMENT AND CONSULTING GROUP, A CALIFORNIA JOINT VENTURE, AND DOES 1-20 DEFENDANTS.



The opinion of the court was delivered by: The Honorable Jeffrey S. White United States District Judge

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ALL RELATED DEADLINES; [PROPOSED] ORDER THEREON 14 Date: February 15, 2013 Time: 1:30 p.m. Courtroom 11, 19th Floor Judge: The Honorable Jeffrey S. White

Plaintiffs herein respectfully request that the Case Management Conference currently on 21 calendar for February 15, 2013, 1:30 p.m., and all related deadlines, including ADR deadlines, be 22 continued for 90 days, to evaluate whether or not plaintiffs will be amending the complaint to 23 name new defendants. 24

1. Good Cause exists for the request: This action arises under the Employee

Retirement Income Security Act of 1974 ("ERISA"), as amended by the Multiemployer Pension 26 Plan Amendments Act of 1980 (29 U.S.C §§1001-1461 (1982)), to recover withdrawal liability 27 amounts owed by Tractor Equipment Sales, Inc. and its controlled group members to plaintiffs 28 Pension Trust Fund for Operating Engineers, F.G. Crosthwaite, and Russell E. Burns 2 ("Plaintiffs"). 3

corporation, J.L. White International, Inc., a California corporation, and TES Asset Management 6 and Consulting Group, a California joint venture, by personal service on Jim White, authorized 7 agent and/or officer for each defendant on April 9, 2012. A proof of service was filed on April 19, 8 2012. (Dkt. # 10) 9

4. Defendant Tractor Equipment Sales, a California corporation, filed a Chapter 7

Bankruptcy in the U.S. Bankruptcy Court, Northern District of California, on May 14, 2012. On 11 June 7, 2012, plaintiffs filed a Notice of Automatic Stay Under 11 U.S.C. Section 362 as to 12 defendant Tractor Equipment Sales, Inc. only. (Dkt. #15) Further, plaintiffs' counsel made an 13 appearance at the Meeting of Creditors wherein plaintiffs' counsel conferred with counsel for 14 defendant Tractor Equipment Sales, a California corporation and the Bankruptcy Trustee. 15

2. On March 1, 2012, plaintiffs filed a Complaint in this matter. (Dkt. #1)

3. Service was effectuated on defendants Tractor Equipment Sales, Inc., a California

5. On May 29, 2012, plaintiffs filed their first request that the Case Management

Conference scheduled on June 22, 2012, and all of its associated deadlines, be continued for 60 17 days in anticipation of plaintiffs filing a Request for Entry of Default against Defendant TES Asset 18

Management and Consulting Group, a California joint venture and/or amending the complaint to 19 add new defendants. (Dkt. 12) 20

6. On May 30, 2012, the Motion to Continue Case Management was granted by the Court and the Case Management Conference was continued to August 24, 2012 at 1:30 pm. (Dkt. 22 #13) 23

7. On June 19, 2012, plaintiffs filed a Notice of Voluntary Dismissal of Defendant J.L. White ...


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