Crosthwaite et al v. Paul T. Beck Contractors, Inc

Filing 11

STIPULATION AND ORDER Case Management Conference set for 4/30/10 is continued to 7/23/2010 10:00 AM in Courtroom 1, 17th Floor, San Francisco.. Signed by Judge Samuel Conti on 4/26/10. (tdm, COURT STAFF) (Filed on 4/26/2010)

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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 (415) 882-7900 4 (415) 882-9287 Facsimile mkaplan@sjlawcorp.com 5 mstafford@sjlawcorp.com 6 Attorneys for Plaintiffs 7 8 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C10-0151 SC JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE Date: Time: Courtroom: April 30, 2010 10:00 a.m. 1, 17th Floor 450 Golden Gate Avenue San Francisco, CA 94102 Honorable Samuel Conti 10 GIL CROSTHWAITE and RUSS BURNS, in their respective capacities as Trustees of the 11 OPERATING ENGINEERS' HEALTH AND WELFARE TRUST FUND, et al., 12 Plaintiffs, 13 v. 14 PAUL T. BECK CONTRACTORS, INC., a 15 California corporation, 16 17 18 Defendant. Judge: Plaintiffs and Defendant jointly request that the Case Management Conference currently 19 scheduled for April 30, 2010, at 10:00 a.m. be continued for approximately ninety (90) days, as 20 follows: 21 1. Plaintiffs and Defendant are discussing resolution of all amounts due to the Trust 22 Funds as Defendant is in receivership. At present, it is uncertain what funds may be available. 23 2. There is nothing to discuss at a Case Management Conference at the present time 24 as the parties are cooperating with one another to exchange information and move toward 25 resolution. 26 27 28 -1JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE Case No.: C09-6098 MHP P:\CLIENTS\OE3CL\Paul T. Beck Contractors\Pleadings\C10-0151 SC - Joint Req to Continue CMC 042310.doc 1 3. In the event no informal resolution is reached, an ADR phone conference has been 2 scheduled for April 29, 2010. The parties intend to discuss the receivership, and set a mediation 3 or other dispute resolution hearing date to a time after the sale of the assets of the business. 4 4. We therefore jointly request that the Case Management Conference be continued 5 for ninety (90) days to allow the parties ample time to resolve this matter, or in the alternative, set 6 and participate in alternative dispute resolution. 7 Dated: April 23, 2010 8 9 10 11 12 13 14 15 16 IT IS SO ORDERED. 17 The currently set Case Management Conference is hereby continued to 10:00 a.m. __________________________ at __________________. All related deadlines are extended July 23, 2010 18 accordingly. 19 UNIT ED SALTZMAN & JOHNSON LAWCORPORATION By: ____________/s/__________________ Michele R. Stafford Attorneys for Plaintiffs BOHNEN, ROSENTHAL & KREEFT Dated: April 23, 2010 By: ____________/s/__________________ Andrew B. Kreeft Attorneys for Defendant April 26, 2010 20 Date: _________________________ 21 22 23 24 25 26 27 28 ER N F D IS T IC T O R -2JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE Case No.: C09-6098 MHP P:\CLIENTS\OE3CL\Paul T. Beck Contractors\Pleadings\C10-0151 SC - Joint Req to Continue CMC 042310.doc A C LI FO Judge S amuel C onti R NIA __________________________________ RED UNITED STATES O ORDE IT IS S DISTRICT JUDGE NO S ISTRIC ES D TC AT T RT U O RT H

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