Board of Trustees of the Sheet Metal Workers Local 104 Health Care Plan et al v. Acosta Sheet Metal Manufacturing Company, Inc.

Filing 8

ORDER setting case management on 3/12/10 and order re: failure of payment (tf, COURT STAFF) (Filed on 2/18/2010)

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ERSKINE & TULLEY A PROFESSIONAL CORPORATION MICHAEL J. CARROLL (St. Bar #50246) 220 Montgomery Street, Suite 303 San Francisco, CA 94104 Telephone: [phone] Attorneys for Plaintiffs

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I, MICHAEL J. CARROLL, certify: 20 I am counsel for plaintiff in this case and familiar with 21 the following facts: 22 On February 18, 2009, Defendant signed a Stipulation for 23 Judgment 24 resulted in payment within one year. 25 signed an Order for Conditional Dismissal containing that time 26 limit. 27 the terms of the Stipulation twice because economic conditions made 28
CERTIFICATION BY PLAINTIFFS COUNSEL THAT AGREED CONSIDERATION HAS NOT BEEN PAID; ORDER 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

BOARD OF TRUSTEES OF THE SHEET METAL ) ) WORKERS, et al., ) ) ) Plaintiffs, ) ) vs. ) ) ) ACOSTA SHEET METAL MANUFACTURING ) COMPANY, INC., a California ) corporation, ) Defendant. ____________________________________ )

NO.

C 09 1307 SI

CERTIFICATION BY PLAINTIFFS COUNSEL THAT AGREED CONSIDERATION HAS NOT BEEN PAID; ORDER

which

provided

for

a

payment

plan

that

should

have

On July 9, 2009 this court

Unfortunately the defendant has had to request relief from

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it unable to pay promised installments. Plaintiffs have just granted the Defendant relief from the payment plan for a second time. At this point in time It is clear that

$59,179.50 remains due in contributions alone.

the judgment consideration will not be paid off within the 365 days stated in the Order For Conditional Dismissal filed in July 2009. Plaintiffs respectfully request that the action be

restored to the civil active calendar, although no dates need to be set yet. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Execut e d California. /s/ Michael J. Carroll Michael J. Carroll Order IT IS SO ORDERED. 2/18/10 Dated: ________________ UNITED STATES DISTRICT COURT _________________________________ Honorable Susan Illston The initial case management conference has been scheduled to occur on Friday, March 12, 2010, at 2:30 p.m. on February 17, 2010 at San Francisco,

CERTIFICATION BY PLAINTIFFS COUNSEL THAT AGREED CONSIDERATION HAS NOT BEEN PAID; ORDER 1

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PROOF OF SERVICE I am a citizen of the United States and employed in the City and County of San Francisco, California. I am over the age of eighteen

years and not a party to the within above entitled action; my business address is 220 Montgomery Street, Suite 303, San

Francisco, California 94104. within CERTIFICATION BY

On February 17, 2010 I served the PLAINTIFFS COUNSEL THAT AGREED

CONSIDERATION HAS NOT BEEN PAID; ORDER on the defendant in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States post office mail box at San Francisco, California, addressed as follows: Sal J. Acosta Acosta Sheet Metal 930 Remillard Court San Jose, CA 95122 I, SHARON EASTMAN, certify (or declare), under penalty of perjury that the foregoing is true and correct. Executed on February 17, 2010 at San Francisco, California.

/s/Sharon Eastman Sharon Eastman