Crosthwaite et al v. Foster & Sons General Engineering Contractors, Inc

Filing 10

ORDER GRANTING REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; DIRECTIONS TO PLAINTIFFS. The Case Management Conference is continued from May 28, 2010 to September 3, 2010. Plaintiffs are directed to file, no later than June 25, 2010, a motion for default judgment or a statement indicating why they should not be required to do so. Signed by Judge Maxine M. Chesney on May 21, 2010. (mmclc1, COURT STAFF) (Filed on 5/21/2010)

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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 10 11 GIL CROSTHWAITE and RUSS BURNS, in 12 their respective capacities as Trustees of the OPERATING ENGINEERS' HEALTH AND 13 WELFARE TRUST FUND, et al., 14 15 Plaintiffs, v. Case No.: C10-0457 MMC ORDER GRANTING REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; DIRECTIONS TO PLAINTIFFS Date: May 28, 2010 Time: 10:30 a.m. Location: 450 Golden Gate Avenue San Francisco, California Courtroom: 7, 19th Floor Judge: Honorable Maxine M. Chesney UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 FOSTER & SONS GENERAL ENGINEERING CONTRACTORS, INC., a 17 California corporation, 18 19 20 21 Defendant. Plaintiffs hereby submit their Request for Continuance of the current Case Management 22 Conference scheduled for May 28, 2010 at 10:30 a.m. in Courtroom 7. 23 24 1. 2. Default was entered as to Defendant on April 8, 2010. After default was entered, Plaintiffs were notified of amounts found due on an audit 25 of Defendant's payroll records for the period of January 1, 2007 through December 31, 2008. 26 Plaintiffs are in the process of preparing an updated demand to include amounts found due on the 27 audit. I will again offer Defendant a payment plan, spread over a 12 month period, to address all 28 amounts currently known to be due to the Trust Funds. -1REQUEST TO CONTINUE CMC Case No.: C10-0457 MMC P:\CLIENTS\OE3CL\Foster & Sons General Engineering\Pleadings\C10-0457 MMC - Request to Continue CMC 052010.DOC 1 3. Plaintiffs intend to file a Motion for Default Judgment if no response from 2 Defendant is received. 3 4 4. 5. There is nothing for the Court to consider at this point. Therefore, I respectfully request that the current Case Management Conference be 5 continued for 60 90 days to allow for Defendant's response, or in the alternative, the preparation, 6 filing and hearing of the Motion. 7 Date: May 20, 2010 8 9 10 11 12 ORDER 13 The Case Management Conference currently scheduled for May 28, 2010 at 10:30 a.m. is hereby 14 continued to ______________________. Further, plaintiffs are hereby DIRECTED to file, no later September 3, 2010 than June 25, 2010, a motion for default judgment or a statement indicating why they should not be 15 Date: May 21, 2010 required to do so. 16 17 18 19 20 21 22 23 24 25 26 27 28 -2REQUEST TO CONTINUE CMC Case No.: C10-0457 MMC P:\CLIENTS\OE3CL\Foster & Sons General Engineering\Pleadings\C10-0457 MMC - Request to Continue CMC 052010.DOC SALTZMAN & JOHNSON LAW CORPORATION By: __________/s/______________ Michele R. Stafford Attorneys for Plaintiffs _______________________________________ UNITED STATES DISTRICT COURT JUDGE

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