Walters et al v. Schulhauser Engineering, Inc. et al

Filing 18

REQUEST TO VACATE JUDGMENT; ORDER. The Judgment entered in favor plaintiffs and against defendants on June 19, 2006 is vacated. Signed by Judge Maxine M. Chesney on January 14, 2009. (mmclc2, COURT STAFF) (Filed on 1/14/2009)

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1 Muriel B. Kaplan, Esq. (SBN 124607) Michele R. Stafford, Esq. (SBN 172509) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 (415) 882-7900 4 (415) 882-9287 ­ Facsimile mkaplan@sjlawcorp.com 5 mstafford@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C03-2875 MMC REQUEST TO VACATE JUDGMENT ; ORDER 11 KEN WALTERS, DON DOSER, in their respective capacities as Trustees of the 12 OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN 13 CALIFORNIA, et al. 14 15 v. 16 SCHULHAUSER ENGINEERING, INC., a suspended California Corporation; and 17 STEVEN PAUL SCHULHAUSER, individually, 18 Defendants. 19 20 21 Plaintiffs, Plaintiffs herein respectfully request that the Judgment entered on June 19, 2006 in favor 22 of Plaintiffs and against Defendants be vacated. 23 24 25 26 27 28 -1REQUEST TO VACATE JUDGMENT Case No.: C03-2875 MMC 1. A Complaint was filed on June 19, 2003 against Defendants for failure to pay to delinquent contributions in the amount of $22,221.65, and liquidated damages and interest in the amount of $150,810.15 owed to Plaintiffs. P:\CLIENTS\OE3CL\Schulhauser Engineering\Pleadings\C03-2875 MMC Request to Vacate Judgment 010709.doc 1 2. A Stipulation of Dismissal Without Prejudice and Entry of Judgment was filed by 2 Plaintiffs' counsel on October 8, 2003. The matter was dismissed, based on a settlement, with the 3 4 5 6 7 8 court retaining Jurisdiction. 3. Unknown to Plaintiffs, Steven P. Schulhauser filed for Chapter 7 Bankruptcy on September 20, 2005, and was discharged on December 21, 2005, which was prior to the entry of Judgment. The bankruptcy case was closed on December 27, 2005. 4. An Ex Parte Application for Entry of Judgment Based Upon Stipulation was filed 9 by Plaintiffs' counsel on June 15, 2006, as Defendants defaulted on their monthly payment plan. 10 An Order by Judge Maxine M. Chesney granting the Ex Parte application was filed on June 19, 11 12 13 14 2006, with the Judgment in favor of Plaintiffs and against Defendants entered on the same date. 5. 6. A Motion to Substitute Attorney was filed by present counsel on January 5, 2009. Upon review by Plaintiffs' new counsel, it appears that Judgment should not have 15 been entered after the default due to the bankruptcy discharge. 16 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above 17 entitled action, and that the foregoing is true of my own knowledge. 18 19 20 21 22 23 24 IT IS SO ORDERED: 25 26 27 28 The Judgment entered in favor of Plaintiffs and against Defendants on June 19, 2006 is vacated. By: ___/s/ Michele R. Stafford__________________________ Michele R. Stafford Attorneys for Plaintiffs Executed this 5th day of January, 2009, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION January 14, 2009 Date: _________________________ __________________________________ United States District Court Judge P:\CLIENTS\OE3CL\Schulhauser Engineering\Pleadings\C03-2875 MMC Request to Vacate Judgment 010709.doc -2REQUEST TO VACATE JUDGMENT Case No.: C03-2875 MMC

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