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F. G. Crosthwaite, et al., As Trustees of the Operating Engineers' Health v. California Concrete Pumping

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


May 6, 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: The Honorable Maxine M. Chesney United States District Court

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

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

Judge: The Honorable Maxine M. Chesney

Plaintiffs respectfully request that the Case Management Conference scheduled for May 10, 2013, at 10:30 a.m., be continued for approximately ninety (90) days, as follows:

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

2. The Case Management Conference was previously continued by order of February 7, 2013. Plaintiff requested a continuance because Defendant did not execute the 24 Acknowledgment of Service and payment plan which was agreed upon and drafted. Plaintiffs then 25 attempted to have the complaint, summons, and court documents served on Defendant. 26

3. Defendant was finally served on March 26, 2013 and made some payments 27 following the lawsuit. Plaintiffs are awaiting clarification from the Fund Administrator as to 28 additional amounts due, as Defendant has two accounts which it pays separately.

4. Defendant is cooperating and wants to resolve the issue. In the event that Defendant fails to provide payment of all amounts owed, or to enter into a payment plan, Plaintiffs 3 will request entry of Default and file a Motion for Default Judgment. 4

5. Therefore, Plaintiffs respectfully request that the Case Management Conference be 5 continued for approximately ninety (90) days in order to allow for service and for sufficient time 6 to attempt resolution of this matter. 7

6. There are no issues that need to be addressed by this Court at the currently 8 scheduled Case Management Conference. In the interest of conserving costs as well as the Court's 9 time and resources, Plaintiffs respectfully request that the Court continue the currently scheduled 10 Case Management Conference. 11

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

Dated: May 2, 2013 SALTZMAN & JOHNSON LAW CORPORATION By: /S/ Muriel B. Kaplan 19 Attorneys for Plaintiffs

IT IS SO ORDERED. 22

Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case Management Conference is hereby continued to _______________, and all related deadlines are August 16, 2013 extended accordingly. 24 25

20130506

© 1992-2013 VersusLaw Inc.



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