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Crosthwaite v. Ross Island Sand & Gravel Co.

United States District Court, Ninth Circuit

April 30, 2013

F. G. CROSTHWAITE, et al., as Trustees of the OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, et al. Plaintiffs,
v.
ROSS ISLAND SAND & GRAVEL CO., a California corporation, aka ROSS ISLAND, INC., Defendant.

Crosthwaite v. Ross Island Sand & Gravel Co., Dist. Court, ND California 2013

Michele R. Stafford, Esq. (SBN 172509), Muriel B. Kaplan, Esq. (SBN 124607), SALTZMAN & JOHNSON LAW CORPORATION, San Francisco, CA, mstafford@sjlawcorp.com, mkaplan@sjlawcorp.com. Attorneys for Plaintiffs.

REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; PROPOSED ORDER THEREON

JEFFREY S. WHITE, District Judge.

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

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

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

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

4. On August 24, 2012, this Court issued an Order Denying Motion for Default Judgment. [ Docket No. 27 ]. Plaintiffs have reviewed the Order and have amended the Complaint to address the pleading insufficiency referenced in the Order.

5. Plaintiffs filed and served the Amended Complaint on December 7, 2012. [ Docket No. 32 ]. A Request for Entry of Default on the Amended Complaint has been prepared and will be filed concurrently with this Request.

6. As explained in the last Case Management Conference Statement, Plaintiffs had begun preparing a Motion for Default Judgment on the Amended Complaint, which was anticipated to be filed with the Court in early April, 2013. During preparation of the Motion, Plaintiffs were contacted by Defendant, who inquired about resolving this matter. Plaintiffs provided a breakdown of all amounts due, and Defendant made a lump sum payment of over $194, 000, which paid the bulk of the amounts claimed. Plaintiffs have now provided Defendant with a breakdown of all amounts that remain, advising that a waiver of liquidated damages would be recommended in the event that everything else was paid in full. In response, Defendant posed questions about the interest calculations, and Plaintiffs are now preparing a further breakdown relative to interest calculation only. Plaintiffs are optimistic that the remainder due will be paid forthwith, thus resolving the entire action. If this does not occur, Plaintiffs will complete the Motion as to amounts remaining due and file it as originally anticipated.

7. There are no issues that need to be addressed at the currently scheduled conference.

8. Accordingly, Plaintiffs respectfully request that the Case Management Conference, currently scheduled for May 6, 2013, be continued for sixty (60) days to allow Plaintiffs sufficient time for the disposition of the Motion for Default Judgment.

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

I declare under penalty of perjury that the foregoing is true and correct of my own personal knowledge and if called upon to testify, I could competently testify thereto.

Executed this 25th day of April, 2013, at San Francisco, California.

IT IS SO ORDERED:

The Case Management Conference shall be continued to July 12, 2013 at 1:30 p.m. and all other previously set dates shall be vacated, and reset at that time as necessary.


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