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F. G. Crosthwaite, et al., As Trustees of the Operating v. Ross Island Sand & Gravel Co.

April 30, 2013

F. G. CROSTHWAITE, ET AL., AS TRUSTEES OF THE OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, ET AL. INC., PLAINTIFFS,
v.
ROSS ISLAND SAND & GRAVEL CO., A CALIFORNIA CORPORATION, AKA ROSS ISLAND,
DEFENDANT.



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

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; PROPOSED ORDER THEREON Date: May 6, 2013 Time: 1:30 p.m. Location: Courtroom 11, 19th Floor 450 Golden Gate Avenue San Francisco, California

Plaintiffs herein respectfully request that the Case Management Conference currently on 19 calendar for May 6, 2013 at 1:30 p.m. be continued for sixty (60) days as follows: 20

1. As the Court's records will reflect, this action was filed on March 23, 2012 to 21 compel Defendant's compliance with the terms of their Collective Bargaining Agreement. Service 22 on Defendant was completed on March 30, 2012. A Proof of Service of Summons was filed with 23 the Court on April 12, 2012. [Docket No. 9.] 24

2. On May 16, 2012, default was entered against Defendant in this matter. [Docket 25 No. 12.] 26

3. On July 17, 2012, Plaintiffs filed a Motion for Default Judgment. [Docket Nos. 17-27 22] 28

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE

4. On August 24, 2012, this Court issued an Order Denying Motion for Default 2

Judgment. [Docket No. 27]. Plaintiffs have reviewed the Order and have amended the Complaint 3 to address the pleading insufficiency referenced in the Order. 4

5. Plaintiffs filed and served the Amended Complaint on December 7, 2012. [Docket 5

No. 32]. A Request for Entry of Default on the Amended Complaint has been prepared and will 6 be filed concurrently with this Request. 7

6. As explained in the last Case Management Conference Statement, Plaintiffs had 8 begun preparing a Motion for Default Judgment on the Amended Complaint, which was 9 anticipated to be filed with the Court in early April, 2013. During preparation of the Motion, 10

Plaintiffs were contacted by Defendant, who inquired about resolving this matter. Plaintiffs 11 provided a breakdown of all amounts due, and Defendant made a lump sum payment of over 12

$194,000, which paid the bulk of the amounts claimed. Plaintiffs have now provided Defendant 13 with a breakdown of all amounts that remain, advising that a waiver of liquidated damages would 14 be recommended in the event that everything else was paid in full. In response, Defendant posed 15 questions about the interest calculations, and Plaintiffs are now preparing a further breakdown 16 relative to interest calculation only. Plaintiffs are optimistic that the remainder ...


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