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F. G. Crosthwaite, et al., As Trustees of the v. California Concrete Pumping

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


February 7, 2013

F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGINEERS' HEALTH
AND WELFARE TRUST FUND, ET AL.
PLAINTIFFS,
v.
CALIFORNIA CONCRETE PUMPING, INC., A CALIFORNIA CORPORATION, DBA ASSOCIATED CONCRETE PUMPING,
DEFENDANT.

The opinion of the court was delivered by: Judge: The Honorable Maxine M. Chesney

PLAINTIFFS' REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; and [PROPOSED] ORDER THEREON

Date: Friday, February 15, 2013 Time: 10:30 a.m. Ctrm: 7, 19th Floor 15 450 Golden Gate Avenue San Francisco, California

Plaintiffs respectfully request that the Case Management Conference scheduled for February 15, 2013, at 10:30 a.m., be continued for approximately ninety (90) days, as follows: 20 1. As the Court's records will reflect, this action was filed on November 15, 2012 to 19 21 compel Defendant to comply with the terms of its Collective Bargaining Agreement. 22 2. A payment plan in the form of a stipulated judgment was drafted and sent to Defendant for execution on November 16, 2012 for contributions due for hours worked by 24 Defendant's employees during the months of August through October 2012. The payment plan 25 also included liquidated damages and interest accrued during that period, along with late-paid 26 contributions for May 2011 through July 2012. 27 28

3. Defendant did not execute the payment plan, but instead, submitted payment of

2 only contributions due, including a payment for only one of two accounts for November 2012. 3

The second account remains unpaid. 4

4. Further amounts are now delinquent for December 2012.

5. Because Defendant did not enter into the payment plan which included an

Acknowledgment of Service, Plaintiffs will now have the complaint, summons, and court 7 documents served. 8

6. In the event that Defendant fails to provide payment of all amounts owed, or to

6

9 enter into a payment plan, or answer the Complaint, Plaintiffs will request entry of Default and file 10 a Motion for Default Judgment. 11

7. Therefore, Plaintiffs respectfully request that the Case Management Conference be

12 continued for approximately ninety (90) days in order to allow for service and for sufficient time 13 to attempt resolution of this matter. 14

8. There are no issues that need to be addressed by this Court at the currently

15 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 16 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 17

Case Management Conference. 18

9. Plaintiffs recognize that a case management conference statement is due seven days

19 in advance of the case management conference date and that the statement must include all 20 elements requested in the "Standing Order for All Judges of the Northern District of California -- 21

Contents of Joint Case Management Statement" pursuant to Local Rule 16-9. Should this Court 22 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly. 23

Dated: February 5, 2013 SALTZMAN & JOHNSON LAW CORPORATION 24 25 By: /s/ Muriel B. Kaplan 26 Attorneys for Plaintiffs

IT IS SO ORDERED. 2

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to _______________, and all re May 10, 2013 lated deadlines are extended accordingly. The parties are DIRECTED to file a Joint Case Management Statement no later than May 3, 2013.

THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT COURT

20130207

© 1992-2013 VersusLaw Inc.



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