Crosthwaite et al v. Advanced Drilling Works, Inc et al

Filing 13

STIPULATION AND ORDER Status Conference set for 12/5/08 is continued to 2/20/2009 10:00 AM.. Signed by Judge Samuel Conti on 12/2/08. (tdm, COURT STAFF) (Filed on 12/2/2008)

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 [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 Case No.: C08-3973 SC JOINT REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Date: Time: Ctrm: Judge: December 5, 2008 10:00 a.m. 1, 17th Floor The Honorable Samuel Conti

11 GIL CROSTHWAITE, et al., as Trustees of the OPERATING ENGNEERS HEALTH AND 12 WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, et al., 13 Plaintiffs, 14 v. 15 ADVANCED DRILLING WORKS, INC., a 16 California Corporation, and GREGORY G. UFFENS, an Individual, 17 Defendants. 18 19

The parties hereto hereby request that the Case Management Conference, currently set for

20 December 5, 2008, be continued for approximately 60 days. 21 1. The Complaint in this matter was filed on August 20, 2008 to compel Defendants

22 to comply with an audit on its payroll records, and to pay to Plaintiffs any additional amounts 23 found due thereby. 24 2. After service of the Complaint, Defendants complied with the audit and the parties

25 are now waiting for the report to be issued by Plaintiffs' auditor. That report will be sent to 26 Defendants for review. 27 3. Because the Defendants had complied with the audit but the report was not yet
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28 issued, it was not determined if there was anything to resolve. The parties therefore failed to
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE Case No.: C08-3973 SC
P:\CLIENTS\OE3CL\Advanced Drilling Works\Pleadings\C08-3973 SC CMC Continuance Request 112608.DOC

1 timely file the ADR Certification, for which counsel apologize for any inconvenience to the Court 2 or the ADR Section. 3 4. The parties are therefore filing a Notice of Need for ADR Phone Conference, but

4 request that it be scheduled in accordance with the requested continuance of the Case Management 5 Conference. If ADR is necessary, a fully executed ADR Certification will be filed. 6 5. Once the audit report is issued and reviewed, the parties will discuss any matters

7 which may be raised by the audit findings, in an attempt to resolve any disputes. 8 9 6. 7. There are no other issues to be discussed at this time. The parties therefore respectfully request that the Case Management Conference be

10 continued for 60 days to allow for the intervening holidays and for the parties to attempt resolution 11 if any is necessary, in the interest of conserving costs as well as the Court's time and resources. 12 8. It is furthermore requested that all previously set deadlines and dates related to this

13 case be continued as well. 14 Dated: November 26, 2008 15 16 17 18 19 20 21 22 23 IT IS SO ORDERED. Dated: November 26, 2008 SALTZMAN & JOHNSON LAW CORPORATION By: ________________/S/____________________ Muriel B. Kaplan Attorneys for Plaintiffs HOPKINS & CARLEY By: _________________/S/___________________ Ernest M. Malaspina Attorneys for Defendants

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REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE Case No.: C08-3973 SC
P:\CLIENTS\OE3CL\Advanced Drilling Works\Pleadings\C08-3973 SC CMC Continuance Request 112608.DOC

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Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case February 20 24 Management Conference is hereby continued to ________________, 2009, and all previously set deadlines and dates related to this case are vacated, to be reset at that Conference. 25 S DISTRICT TE C 12/2/08 TA Date: _________________________ ________________________________________ 26 ED THE HONORABLE SAMUEL CONTI ORDER T IS SO UNITED STATES IDISTRICT COURT JUDGE 27
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REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE Case No.: C08-3973 SC
P:\CLIENTS\OE3CL\Advanced Drilling Works\Pleadings\C08-3973 SC CMC Continuance Request 112608.DOC