Crosthwaite et al v. Raisch Company et al

Filing 16

ORDER re 15 Joint Case Management Statement, filed by Gil Crosthwaite, Pension Trust Fund for Operating Engineers, Operating Engineers Local 3, Heavy and Highway Committee, Russ Burns, Operating Engineers and Participating Employers Pre Apprentices hip, Apprentice and Journeymen Affirmative Action Training Fund, Pensioned Operating Engineers' Health and Welfare Fund Initial Case Management Conference continued to 9/3/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 6/29/2010. (be, COURT STAFF) (Filed on 6/30/2010)

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 Wayne A. Silver, Esq. (SBN 108135) 333 W. El Camino Real, Suite 310 8 Sunnyvale, CA 94807 9 [phone] [phone] ­ Facsimile 10 [e-mail] 11 12 13 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C09-5595 CRB JOINT CASE MANAGEMENT CONFERENCE STATEMENT / REQUEST TO CONTINUE ORDER Date: July 2, 2010 Time: 8:30 a.m. Judge: Honorable Charles Breyer Ctrm. Courtroom 8, 19th Floor

14 GIL CROSTHWAITE and RUSS BURNS, in their respective capacities as Trustees of the 15 OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, et. al. 16 Plaintiffs, 17 v. 18 RAISCH COMPANY, dba RAISCH 19 PRODUCTS, a California Corporation; A. J. RAISCH PAVING CO., 20 Defendants. 21 22 23 24 25 26 27 28

The Parties hereby submit their Joint Case Management Statement, requesting that the Case Management Conference be continued for approximately 60 days. 1. As the Court is aware from the parties' last filing, there is little to no dispute that

over the amount of money owed by Defendants to the Plaintiffs pursuant to the terms of their Collective Bargaining Agreements. The main issue that has precluded settlement to date is relative to the financial condition of the defendant.

P:\CLIENTS\OE3CL\Raisch\Pleadings\C09-5595 CRB - Joint CMC Statement 062410.DOC

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All assets of the Defendant companies are secured by a lien in favor of a lender.

2 The principals of the Defendant companies have been working with the lender to sell various 3 pieces of equipment to pay off what is owed, while retaining some funds to pay other debts 4 including the debt owed to the Plaintiffs. 5 3. The parties participated in an ADR telephone conference on March 2, 2010, to

6 discuss how to move forward. The ADR staff attorney was in agreement that a referral to 7 mediation to take place at a later date in the event that the matter does not resolve is the best way 8 to handle this matter. 9 4. The Defendant recently made a settlement offer to Plaintiffs, which is currently

10 being evaluated. The parties expect this matter to resolve shortly without the need for mediation. 11 Due to the financial condition of the Defendant, both parties request that the Case Management 12 Conference be continued so not to incur the additional expense. Accordingly, the parties 13 respectfully request that it be continued for approximately 60 days to allow this matter to either 14 resolve informally, or to allow the parties to participate in mediation if required. 15 16 Dated: June 24, 2010 17 18 19 20 21 Dated: June 24, 2010 22 23 24 25 26 27 28 The case management conference is continued to September 3, 2010 at 8:30 a.m..
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SALTZMAN & JOHNSON LAW CORPORATION By: ___________/s/_______________ Michele R. Stafford Attorneys for Plaintiffs WAYNE A. SILVER By: ___________/s/_______________ Wayne A. Silver Attorneys for Defendants

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