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

Filing 13

JOINT MOTION AND ORDER Case Management Conference set for is continued to 7/23/10 11/12/2010 10:00 AM in Courtroom 1, 17th Floor, San Francisco.. Signed by Judge Samuel Conti on 7/19/10. (tdm, COURT STAFF) (Filed on 7/19/2010)

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

Doc. 13

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 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: July 23, 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 July 23, 2010, at 10:00 a.m. be continued for approximately ninety (90) days, as 20 follows: 21 1. As the Court is aware, Plaintiffs and Defendant have been discussing resolution of

22 all amounts due to the Trust Funds as Defendant was contemplating receivership. There does not 23 appear to be a dispute as to what is owed, but it is uncertain what funds may be available. 24 2. The parties participated in multiple ADR telephone conferences with Daniel

25 Bolling, to ensure that the case was moving forward while Defendant was analyzing its financial 26 situation. Defendant was considering bankruptcy as an alternate to receivership if it was required. 27 28

P:\CLIENTS\OE3CL\Paul T. Beck Contractors\Pleadings\C10-0151 SC - Joint Req to Continue CMC 071510.doc

Dockets.Justia.com

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3.

The most recent ADR conference call was June 10, 2010. Defendant confirmed that

2 it was not filing for bankruptcy and that a receiver was appointed. The receiver was going to begin 3 valuing all of Defendant's assets to ascertain what funds would be available to pay Plaintiffs and 4 other creditors. Mr. Bolling advised that based on the status he would recommend to the Court that 5 the case be referred to mediation, but with an extended deadline so that the valuation could be 6 completed. 7 4. There is nothing to discuss at a Case Management Conference at the present time

8 as the parties are cooperating with one another to move toward resolution. The only issue at 9 present is the value of Defendant's assets, which is being ascertained at the current time. 10 5. We therefore jointly request that the Case Management Conference be continued

11 for ninety (90) days to allow the parties ample time to resolve this matter, or in the alternative, set 12 and participate in alternative dispute resolution. 13 Dated: July 15, 2010 14 15 16 17 18 19 20 21 22 IT IS SO ORDERED. 23 By: ____________/s/__________________ Andrew B. Kreeft Attorneys for Defendant Dated: July 15, 2010 By: ____________/s/__________________ Michele R. Stafford Attorneys for Plaintiffs BOHNEN, ROSENTHAL & KREEFT SALTZMAN & JOHNSON LAWCORPORATION

November 12, 2010 10:00 a.m. __________________________ at __________________. All related deadlines are extended
S
ISTRIC ES D TC AT T

The

currently

set

Case

Management

Conference

is

hereby

continued

to

24 accordingly. 25
UNIT ED

RT U O

July 19, 2010 26 Date: _________________________
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