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)

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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 Matthew Warren Quall, Esq. (SBN 183759) LANG, RICHERT AND PATCH 8 5200 North Palm Avenue, 4th Floor Fresno, CA 93704 9 (559) 228-6700 (559) 228-6727 – Facsimile 10 mwq@lrplaw.net 11 Attorneys for Defendant Dun Engineering Services 12 13 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. 16 Plaintiffs, v. 17 18 DUN ENGINEERING SERVICES, aka DUN ENGINEERING SERVICES, INC., a California 19 corporation; and THOMAS PADILLA, individually, 20 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 21 22 23 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: 26 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. 28 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. 10 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 16 By: ____________/s/__________________ Michele R. Stafford Attorneys for Plaintiffs 17 18 19 Dated: July 1, 2011 LANG, RICHERT AND PATCH 20 By: ____________/s/__________________ Matthew W. Quall Attorneys for Defendant Dun Engineering Services 21 22 23 IT IS SO ORDERED. 24 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 28 7/5/11 Date: _________________________ UNIT ED 27 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 26 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: 8 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. 10 11 12 13 14 To: 15 16 17 18 19 20 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 21 22 23 24 25 26 27 28 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

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