Crosthwaite et al v. Peak Engineering Inc.

Filing 18

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 3/17/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 12/30/10. (cl, COURT STAFF) (Filed on 12/30/2010)

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*E-Filed 12/30/10* 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 5 6 Attorneys for Plaintiffs 7 8 9 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C10-1909 RS REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Date: Time: Location: Judge: January 6, 2011 10:00 a.m. Courtroom 3, 17th Floor 450 Golden Gate Avenue San Francisco, California Honorable Richard Seeborg 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 PEAK ENGINEERING INC., a California 15 corporation, 16 17 18 Defendant. Plaintiffs herein respectfully request a Continuance of the Case Management Conference 19 currently on calendar for January 6, 2011 at 10:00 a.m. 20 1. As the Court is aware, on July 27, 2010, default was entered against Defendant in 21 this matter. 22 2. Plaintiffs recently discovered that Defendant has closed its doors. However, 23 Plaintiffs have made bond claims and are investigating other avenues for collection, including a 24 possible alter ego company to be named in the current action. The investigation, including 25 obtaining records from the Secretary of State and other sources, is almost complete. The results 26 need to be evaluated and discussed, to ascertain whether additional defendants should be added to 27 this action. Accordingly, Plaintiffs request that the Case Management Conference, currently 28 -1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-1909 RS P:\CLIENTS\OE3CL\Peak Engineering Inc\Pleadings\C10-1909 RS - Request to Continue CMC 122810.doc 1 scheduled for January 6, 2011, be continued for ninety (90) days to allow Plaintiffs time to 2 complete our investigation. 3 4 3. There are no issues that need to be addressed at the currently scheduled conference. I declare under penalty of perjury that the foregoing is true and correct of my own personal 5 knowledge and if called upon to testify, I could competently testify thereto. 6 7 8 9 10 11 12 13 IT IS SO ORDERED: 14 The Case Management Conference in this matter shall be continued to March 17, 15 ________________________________2011 at 10:00 a.m., and all other previously set dates shall 16 be vacated, and reset at that time as necessary. 17 12/30/10 18 Dated: ________________________ 19 20 21 22 23 24 25 26 27 28 -2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C10-1909 RS P:\CLIENTS\OE3CL\Peak Engineering Inc\Pleadings\C10-1909 RS - Request to Continue CMC 122810.doc Executed this 30th day of December, 2010, at San Francisco, California. SALTZMAN & JOHNSON LAW CORPORATION _____________/s/__________________ Michele R. Stafford Attorneys for Plaintiffs _______________________________________ UNITED STATES DISTRICT COURT JUDGE

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