Boards of Trustees for the Operating Engineers Health & Welfare Trust Fund et al v. Mulder Construction Inc. et al

Filing 45

ORDER DENYING continuance of the case management conference. Signed by Judge Thelton E. Henderson on 9/24/08. (rbe, COURT STAFF) (Filed on 9/24/2008)

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ATKINSON, ANDELSON, LOYA, RUUD & ROMO A Professional Corporation Robert Fried, State Bar No. 85579 Elizabeth P. Lind, State Bar No. 142309 5776 Stoneridge Mall Road, Suite 200 Pleasanton, CA 94588 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendants Muriel B. Kaplan, State Bar No.124607 Michele R. Stafford, State Bar No. 172509 SALTZMAN & JOHNSON LAW CORPORATION 120 Howard Street, Suite 520 Telephone: [phone] Fax: [phone] Email: [e-mail] [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BOARDS OF TRUSTEES FOR THE OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND, et al. v. Plaintiffs, DATE: TIME: CRTRM: JUDGE: September 29, 2008 1:30 p.m. 12, 19th Floor Hon. Thelton E. Henderson Case No. 3:06cv4894 TEH JOINT CASE MANAGEMENT CONFERENCE STATEMENT

MULDER CONSTRUCTION INC., et al. Defendants.

Plaintiffs and defendants in the above-titled action jointly submit this Case Management Conference statement, based on the following: The parties have reached a settlement in this matter which is presently being effectuated. Defendant Mulder has withdrawn the balance of his annuity account held in a plaintiff trust, and paid that amount to the Plaintiff in partial satisfaction of the amounts due. The amount received by Defendant Mulder was less than anticipated due to taxes being withheld, therefore there remains an amount due to plaintiffs.

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At the time of the last Case Management Conference, the parties were discussing how the remaining balance due was to be paid. Since that time, the parties have drafted, and both approved, a Judgment Pursuant to Stipulation. Counsel for both parties sent it for signature to their respective clients. The parties anticipate that the Stipulation should be filed with the Court within the next 2 weeks. The parties request that the Case Management Conference either be continued, or vacated with a deadline in which the Stipulated Judgment must be filed.

DATED: September 24, 2008

ATKINSON, ANDELSON, LOYA, RUUD & ROMO /s/ Robert Fried By:_________________________________ ROBERT FRIED, ATTORNEYS FOR DEFENDANTS

DATED: September 24, 2008

SALTZMAN & JOHNSON LAW CORPORATION /s/ Michele R. Stafford By:_________________________________ MICHELE R. STAFFORD, ATTORNEYS FOR PLAINTIFFS

IT IS SO ORDERED. The Case Management Conference currently scheduled for September 29, 2008, is hereby continued to ___________________, at ____________.

ISTRIC ES D Tscheduled for T C The Case Management Conference currently September 29, 2008, is A hereby vacated pending settlement of the matter. TA Stipulated Judgment must be filed with

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Court by _________________________, or the Case Management Conference will be rescheduled thereafter. IED

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09/24/08 Dated: _______________________

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