Crosthwaite et al v. Beck

Filing 20

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
13

UNITED STATES DISTRICT COURT

14

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
JAMES RAY BECK, individually, and dba JRB
20 GRADING & PAVING aka JRB GRADING &
PAVING, LLC., a Limited Liability Company,
21
Defendants.
22
23

Case No.: C11-0454 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

Plaintiffs and Defendants jointly request that the Case Management Conference scheduled

24 for November 18, 2011, at 10:00 a.m. be continued for approximately 45 days, as follows:
25

1.

On May 27, 2011, Plaintiffs filed an Amended Complaint in Crosthwaite v. Paul T.

26 Beck Contractors, Inc. (“PTB Matter”), Case No C10-0151-SC, to include all Defendants named
27 in this Action as co-Defendants on a theory of alter ego liability.
28

2.

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

-1JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
Case No.: C11-0454 SC

P:\CLIENTS\OE3CL\JRB Grading and Paving\Pleadings\C11-0454 SC - Joint Req to Continue CMC 111011.doc

1 the PTB Matter.
2

3.

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

3 this Matter should be related to the PTB Matter, Pursuant to Civil Local Rule 3-12.
4

4.

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

5 before the Honorable Samuel Conti.
6

5.

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

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

6.

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

12 Case Management Conference at the present time.
13

7.

We therefore jointly request that the Case Management Conference be continued

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

SALTZMAN & JOHNSON
LAWCORPORATION
By: _____________/s/_________________
Blake E. Williams
Attorneys for Plaintiffs

19
20
21 Dated: November 10, 2011
22

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

23
24 IT IS SO ORDERED.

3/9/12

onti

amuel C

NO

28

R NIA

ERED
________________________________
O ORD
IT IS S
UNITED STATES DISTRICT JUDGE
Judge S

FO

11/14/11
27 Date: _________________________

ISTRIC
ES D
TC
AT
T

RT
U
O

10:00 a.m.
26 _______. All related deadlines are extended accordingly.

S

The currently set Case Management Conference is hereby continued to _______ at
UNIT
ED

H

LI

RT

-2JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
ER
C
N
Case No.: C11-0454 SC
OF
D IS
CT

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A

25

TRI

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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9

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.

19

/s/
Elise Thurman

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P:\CLIENTS\OE3CL\JRB Grading and Paving\Pleadings\C11-0454 SC - Joint Req to Continue CMC 111011.doc

-1PROOF OF SERVICE
Case No.: C11-0454 SC