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

Filing 49

STIPULATION AND ORDER Case Management Conference set for 11/18/11 is continued to 3/9/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 11/14/11. (tdm, COURT STAFF) (Filed on 11/15/2011)

1 Michele R. Stafford, Esq. (SBN 172509)
Blake E. Williams, Esq. (SBN 233158)
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 Andrew B. Kreeft, Esq. (SBN 126673)
Sergio H. Parra, Esq. (SBN 247682)
8 Bohnen, Rosenthal & Kreeft
787 Munras Avenue, Suite 200
9 Monterey, CA 93940
[phone]
10 [phone] – Facsimile
[e-mail]
11 [e-mail]
12 Attorneys for Defendants
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

15 GIL CROSTHWAITE and RUSS BURNS, in their
respective capacities as Trustees of the
16 OPERATING ENGINEERS’ HEALTH AND
WELFARE TRUST FUND, et al.,
17
Plaintiffs,
18
v.
19
PAUL T. BECK CONTRACTORS, INC., a
20 California corporation; JAMES RAY BECK,
individually, and dba JRB GRADING & PAVING
21 aka JRB GRADING & PAVING, LLC., a Limited
Liability Company,
22
Defendants.
23

Case No.: C10-0151 SC
JOINT CASE MANAGEMENT
STATEMENT AND REQUEST FOR
CONTINUANCE
Date:
Time:
Courtroom:
Judge:

November 18, 2011
10:00 a.m.
1, 17th Floor
450 Golden Gate Avenue
San Francisco, CA 94102
Honorable Samuel Conti

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Plaintiffs and Defendants jointly request that the Case Management Conference scheduled

26 for November 18, 2011, at 10:00 a.m. be continued for approximately 45 days, as follows:
27

1.

On May 27, 2011, Plaintiffs filed an Amended Complaint to include Defendants

28 James Ray Beck, individually and doing business as JRB Grading & Paving, also known as JRB
-1JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
Case No.: C10-0151 SC

P:\CLIENTS\OE3CL\Paul T. Beck Contractors\Pleadings\C10-0151 SC - Joint Req to Continue CMC 111011.doc

1 Grading & Paving, LLC.
2

2.

On June 24, 2011, Defendants filed their Answer to the Amended Complaint.

3

3.

On July 15, 2011, Plaintiffs filed an Administrative Motion to Consider Whether

4 Case No. C11-0454 PJH (Operating Engineers Health & Welfare Trust Fund v. James Ray Beck,
5 individually, and dba JRB Grading & Paving aka JRB Grading & Paving, LLC) should be Related
6 Pursuant to Civil Local Rule 3-12.
7

4.

On July 22, 2011, the Court issued a Related Case Order, relating the two matters

8 before the Honorable Samuel Conti.
9

5.

The Parties are currently engaged in active settlement discussions and are working

10 toward an informal resolution of this Matter. It is the consensus of the Parties that if a settlement
11 can be reached outside of Court, it will be reached in the next several weeks. All Defendants are
12 aware that if a resolution cannot be reached informally, Plaintiffs will file a Motion for Summary
13 Judgment against all Defendants named in the Amended Complaint.
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6.

Given the state of the Parties’ settlement discussions, there is nothing to discuss at a

15 Case Management Conference at the present time.
16

7.

We therefore jointly request that the Case Management Conference be continued

17 for approximately 45 days to allow the Parties time to conclude their settlement discussions. All
18 related deadlines (such as Rule 26 disclosures) shall also be continued along with the Case
19 Management Conference.
20 Dated: November 10, 2011
21

By: _____________/s/_________________
Blake E. Williams
Attorneys for Plaintiffs

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24 Dated: November 10, 2011
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SALTZMAN & JOHNSON
LAWCORPORATION

BOHNEN, ROSENTHAL & KREEFT
By: _____________/s/_________________
Sergio H. Parra
Attorneys for Defendants

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-2JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
Case No.: C10-0151 SC

P:\CLIENTS\OE3CL\Paul T. Beck Contractors\Pleadings\C10-0151 SC - Joint Req to Continue CMC 111011.doc

1 IT IS SO ORDERED.
2

The

currently

set

Case

Management

Conference

March 9, 2012

10:00 a.m.
3 __________________________ at __________________.

is

hereby

continued

to

All related deadlines are extended

4 accordingly.

UNIT
ED

onti

Judge S

H

LI

RT
ER

9

FO

amuel C

NO

8

R NIA

________________________________
ERED
O ORD
IT IS S DISTRICT JUDGE
UNITED STATES

A

7

S DISTRICT
TE
C
TA

RT
U
O

11/14/11
6 Date: _________________________

S

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F
D IS T IC T O
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C

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-3JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
Case No.: C10-0151 SC

P:\CLIENTS\OE3CL\Paul T. Beck Contractors\Pleadings\C10-0151 SC - Joint Req to Continue CMC 111011.doc

1

PROOF OF SERVICE:

2 I, the undersigned, declare:
3

I am employed in the County of San Francisco, State of California. I am over the age of

4 eighteen and not a party to this action. My business address is 44 Montgomery Street, Suite 2110,
5 San Francisco, California 94104.
6

On November 10, 2011, I served the following document(s) on the parties to this action in

7 the manner described below:
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JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
XX

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ELECTRONICALLY by causing said document to be electronically filed using the
Court’s Electronic Court Filing (“ECF”) System and service was completed by electronic
means by transmittal of a Notice of Electronic Filing on the registered participants of the
ECF System.

To:
Andrew B. Kreeft, Esq.
Sergio H. Parra, Esq.
Bohnen, Rosenthal & Kreeft
787 Munras Avenue, Suite 200
Monterey, California 93940
VIA ECF
Attorneys for Defendants
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on this 10th day of November, 2011, at San Francisco, California.

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/s/
Qui X. Lu

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P:\CLIENTS\OE3CL\Paul T. Beck Contractors\Pleadings\C10-0151 SC - Joint Req to Continue CMC 111011.doc

-1PROOF OF SERVICE
Case No.: C10-0151 SC