F.G. Crosthwaite et al v. Dun Engineering Services et al

Filing 19

STIPULATION AND ORDER Case Management Conference set for 7/11/2011 is continued to 10/17/2011 01:30 PM in Courtroom 12, 19th Floor, San Francisco.. Signed by Judge Thelton Henderson on 7/5/11. (tdm, COURT STAFF) (Filed on 7/5/2011)

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 Matthew Warren Quall, Esq. (SBN 183759)
LANG, RICHERT AND PATCH
8 5200 North Palm Avenue, 4th Floor
Fresno, CA 93704
9 [phone]
[phone] – Facsimile
10 [e-mail]
11 Attorneys for Defendant
Dun Engineering Services
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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

14

F. G. CROSTHWAITE, et al., as Trustees of the
15 OPERATING ENGINEERS’ HEALTH AND
WELFARE TRUST FUND, et al.
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Plaintiffs,
v.
17
18 DUN ENGINEERING SERVICES, aka DUN
ENGINEERING SERVICES, INC., a California
19 corporation; and THOMAS PADILLA, individually,
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Case No.: C11-1537 TEH
JOINT CASE MANAGEMENT
STATEMENT AND REQUEST FOR
CONTINUANCE
Date:
Time:
Courtroom:

July 11, 2011
1:30 p.m.
12, 19th Floor
450 Golden Gate Avenue
San Francisco, CA 94102

Defendants.
Judge: Honorable Thelton E. Henderson

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Plaintiffs and Defendant Dun Engineering Services “Dun Engineering” jointly request that

24 the Case Management Conference currently scheduled for July 11, 2011, at 1:30 p.m., be
25 continued for approximately ninety (90) days, as follows:
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1.

This action was filed by Plaintiffs for contributions due by Defendants to the Trust

27 Funds and to compel Defendants to comply with an audit of their payroll records.
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2.

Shortly after service of the complaint, Defendants complied with the audit. The
-1JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
Case No.: C11-1537 TEH

P:\CLIENTS\OE3CL\Dun Engineering Services 2\Pleadings\C11-1537 TEH - Joint Req to Continue CMC 063011.doc

1 auditor is in the process of analyzing the documents for preparation of an audit report. After the
2 report is completed, the auditor will send a draft copy to Defendants for review. In the event that
3 the Defendants oppose the findings, the parties will attempt to resolve the issues informally
4 through direct negotiations. If they are unable to do so, they will proceed with mediation and,
5 ultimately, trial.
6

3.

Plaintiffs and Dun Engineering have agreed to mediation for the contributions

7 owed and both are willing to participate in the event that a resolution cannot be reached informally
8 through direct negotiations. The parties are waiting for the Court’s referral and assignment to a
9 mediator.
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4.

On June 22, 2011, the Clerk entered default as to Defendant Thomas Padilla.

11

5.

There is nothing to discuss at a Case Management Conference at the present time

12 as the parties are cooperating with one another to move toward resolution.
13

6.

We therefore jointly request that the Case Management Conference be continued

14 for ninety (90) days to allow the parties ample time to prepare and attend the mediation.
15 Dated: July 1, 2011

SALTZMAN & JOHNSON
LAWCORPORATION

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By: ____________/s/__________________
Michele R. Stafford
Attorneys for Plaintiffs

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19 Dated: July 1, 2011

LANG, RICHERT AND PATCH

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By: ____________/s/__________________
Matthew W. Quall
Attorneys for Defendant
Dun Engineering Services

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IT IS SO ORDERED.

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D

son

. Hender

R NIA

ERE
________________________________
O ORD
IT IS S
UNITED STATES DISTRICT JUDGE

H

LI

RT

P:\CLIENTS\OE3CL\Dun Engineering Services 2\Pleadings\C11-1537 TEH - Joint Req to Continue CMC 063011.doc

FO

NO

-2JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
ER
Case No.: C11-1537 TEH
C
helton E

Judge T

A

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7/5/11
Date: _________________________

UNIT
ED

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T

RT
U
O

S

The currently set Case Management Conference is hereby continued to
25 __________________________ at __________________. All related deadlines are extended
October 17, 2011
1:30 p.m.
accordingly.
ISTRIC
ES D
TC
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AT

N

F
D IS T IC T O
R

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 July 1, 2011, I served the following document(s) on the parties to this action in the

7 manner described below:
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9

JOINT CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE
XX

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.

XX

MAIL, being familiar with the practice of this office for the collection and the processing
of correspondence for mailing with the United States Postal Service, and deposited in the
United States Mail copies of the same to the business addresses as specified below, in a
sealed envelope fully prepared.

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14 To:
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Matthew Warren Quall, Esq.
5200 N. Palm, Suite 400
Fresno, California 93704
VIA ECF
Attorney for Dun Engineering Services
aka Dun Engineering Services, Inc.

Thomas Padilla
1672 Monte Grosso Drive
Merced, California 95340
VIA MAIL

I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on this 1st day of July, 2011, at San Francisco, California.
/s/
Qui X. Lu

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P:\CLIENTS\OE3CL\Dun Engineering Services 2\Pleadings\C11-1537 TEH - Joint Req to Continue CMC 063011.doc

-1PROOF OF SERVICE
Case No.: C11-1537 TEH