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F. G. Crosthwaite, et al., As Trustees of the v. Conterra Group

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


April 1, 2013

F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGINEERS' HEALTH
AND WELFARE TRUST FUND, ET AL.
PLAINTIFFS,
v.
CONTERRA GROUP, INC., A CALIFORNIA CORPORATION; AND JAVIER CONCEPCION
HERRERA, AN INDIVIDUAL,
DEFENDANTS.

The opinion of the court was delivered by: Judge: The Honorable Thelton E. Henderson

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

Date: Monday, April 8, 2013 Time: 1:30 p.m. Ctrm: 12, 19th Floor 15 450 Golden Gate Avenue San Francisco, California

Plaintiffs respectfully request that the Case Management Conference scheduled for Monday, April 8, 2013, at 1:30 p.m., be continued for approximately 30 -- 45 days, as follows: 20

1. As the Court's records will reflect, this action was filed on November 15, 2012 to 19 21 compel Defendants to comply with the terms of their Collective Bargaining Agreement. 22

2. Plaintiffs did not serve Defendants with the summons and complaint package 23 because Defendants requested a payment plan. A payment plan in the form of a stipulated 24 judgment was drafted and sent to Defendants for execution. The payment plan included all 25 amounts owed from Defendants to Plaintiffs Trust Funds. 26

3. However, Defendants did not execute the payment plan, but instead, advised they 27 would make a lump sum payment. The parties then failed to agree upon a settlement amount. 28

4. Defendants recently retained counsel and both parties are now negotiating a 2 settlement. 3

5. Therefore, Plaintiffs respectfully request that the Case Management Conference be 4 continued for approximately 30 -- 45 days in order to allow sufficient time for both parties to 5 resolve this matter. 6

6. There are no issues that need to be addressed by this Court at the currently 7 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 8 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 9 Case Management Conference. 10

7. Plaintiffs recognize that a case management conference statement is due seven days 11 in advance of the case management conference date and that the statement must include all 12 elements requested in the "Standing Order for All Judges of the Northern District of California -- 13 Contents of Joint Case Management Statement" pursuant to Local Rule 16-9. Should this Court 14 require Plaintiffs to file a Case Management Conference Statement, Plaintiffs will do so promptly. 15

Dated: March 25, 2013 SALTZMAN & JOHNSON LAW CORPORATION By: /s/ Michele R. Stafford Attorneys for Plaintiffs

IT IS SO ORDERED. 21

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to _______________, and all re 05/13/2013 at 1:30 p.m. lated deadlines are extended accordingly. 23

E D S T S I TRI A CT

THE HONORABLE THELTON E. HENDERSON UNITED STATES DISTRICT COURT

20130401

© 1992-2013 VersusLaw Inc.



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