Crosthwaite et al v. Ryan McClure Excavation, Inc.

Filing 22

ORDER GRANTING 20 REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 2/24/09. (jjo, COURT STAFF) (Filed on 2/24/2009)

1 Muriel B. Kaplan, Esq. (SBN 124607) Shaamini A. Babu, Esq. (SBN 230704) 2 SALTZMAN & JOHNSON LAW CORPORATION 44 Montgomery Street, Suite 2110 3 San Francisco, CA 94104 [phone] 4 [phone] ­ Facsimile [e-mail] 5 [e-mail] 6 Attorneys for Plaintiffs 7 8 9 10 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GIL CROSTHWAITE, et al., Plaintiffs, Case No.: C08-2403 JSW REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; AND DECLARATION OF SHAAMINI A. BABU IN SUPPORT THEREOF Date: Time: Ctrm: Judge: February 27, 2009 1:30 p.m. 2, 17th Floor The Honorable Jeffrey S. White

11 v.

12 RYAN McCLURE EXCAVATION, INC. 13 14 15 16 1. Defendant.

This action was filed on May 9, 2008, to recover delinquent fringe benefit

17 contributions pursuant to the Employee Retirement Income Security Act of 1974 (ERISA). 18 2. Saltzman & Johnson Law Corporation is counsel for Plaintiffs Gil Crosthwaite, et

19 al. ("Plaintiffs"). Defendant Ryan McClure Excavation, Inc. ("Defendant") is represented by legal 20 counsel Murphy, Campbell, Guthrie & Alliston, but Defendant has not yet appeared in this action. 21 3. In July 2008, and again on December 8, 2008, Defendant's counsel provided

22 relevant documents to Plaintiffs' counsel that established certain amounts owed by Defendant. In 23 order to have sufficient opportunity to review the documents and meet and confer with 24 Defendant's counsel, Plaintiffs' counsel requested continuances of the Case Management 25 Conference. 26 4. On January 15, 2009, Defendant's counsel notified Plaintiffs' counsel in writing

27 that it recently learned that Defendant's corporate status had been "suspended" and that pursuant 28
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE

Case No.: C08-02403 JSW
P:\CLIENTS\OE3CL\Ryan McClure Excavation\Pleadings\C08-2403 JSW CMC Continuation Request 021809.DOC

1 to Revenue and Taxation Code §23301 and California Corporations Code §2205, the corporate 2 powers, rights, privileges of Defendant had been suspended thereby prohibiting Defendant from 3 defending itself in litigation. 4 5. On January 20, 2009, Plaintiffs' counsel requested additional relevant documents

5 from Defendant which have not been provided to date. 6 6. On February 17, 2009, Plaintiffs counsel notified Defendant's counsel that

7 Defendant must file an Answer before February 20, 2009. Defendant's counsel advised Plaintiffs' 8 counsel that Defendant will not have revived its corporate status from "suspended" to "active" by 9 that time and cannot appear in the action until Defendant's corporate status was "active." 10 Defendant's counsel could not provide a date certain when Defendant's corporate status would 11 become "active" and thus, Plaintiffs' counsel advised Defendant's counsel that Plaintiffs will 12 proceed to Request Entry of Default and thereafter, file a Motion for Default Judgment. 13 14 7. 8. Plaintiffs' Request for Entry of Default was filed with the Court today. Plaintiffs are attempting to obtain additional information relevant to their Motion

15 for Default Judgment from other sources and will file said motion upon completion of their 16 investigations. 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE

Case No.: C08-02403 JSW
P:\CLIENTS\OE3CL\Ryan McClure Excavation\Pleadings\C08-2403 JSW CMC Continuation Request 021809.DOC

1

9.

Based on the foregoing, the parties respectfully request that the Case Management

2 Conference, currently scheduled for February 27, 2009, be continued for approximately sixty (60) 3 days to allow Plaintiffs sufficient opportunity to gather necessary information and prepare their 4 Motion for Default Judgment. It is furthermore requested that all previously set deadlines and 5 dates related to this case be continued as well. 6 I declare under penalty of perjury that I am the attorney for the plaintiffs in the above

7 entitled action, and that the foregoing is true of my own knowledge. 8 9 10 11 12 13 14 IT IS SO ORDERED. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE

Executed this 18th day of February, 2009, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION By: ______________/s/__________________ Shaamini A. Babu Attorneys for Plaintiffs

The

currently

set

Case

Management

Conference

is

hereby

continued

to

1:30 p.m. May 1, 2009 __________________________ at __________________. All related deadlines are extended accordingly. February 24, 2009 Date: _________________________ __________________________________ United States District Court Judge

Case No.: C08-02403 JSW
P:\CLIENTS\OE3CL\Ryan McClure Excavation\Pleadings\C08-2403 JSW CMC Continuation Request 021809.DOC