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

Filing 28

JOINT ORDER TO CONTINUE Initial Case Management Conference to 12/19/2011 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 10/06/2011. (tmi, COURT STAFF) (Filed on 10/6/2011)

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

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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:

October 17, 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 October 17, 2011, at 1:30 p.m., be
25 continued for approximately 60 – 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 100511.doc

1 auditor completed analyzing the documents and prepared an audit report. The audit report is now
2 being reviewed by both parties.
3

3.

Mediation has been scheduled for November 2, 2011.

4

4.

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

5 as the parties are cooperating with one another to move toward resolution, and a mediation has
6 already been scheduled.
7

5.

We therefore jointly request that the Case Management Conference be continued

8 for 60 – 90 days to allow the parties ample time to prepare and attend the mediation.
9 Dated: October 5, 2011
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By: ____________/s/__________________
Michele R. Stafford
Attorneys for Plaintiffs

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SALTZMAN & JOHNSON
LAWCORPORATION

Dated: October 5, 2011

LANG, RICHERT AND PATCH
By: ____________/s/__________________
Matthew W. Quall
Attorneys for Defendant
Dun Engineering Services

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17 IT IS SO ORDERED.

The currently set Case Management Conference is hereby continued to
December 19, 2011
1:30 PM
__________________________ at __________________. All related deadlines are extended
S DISTRICT
19 accordingly.
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________________________________
UNITED STATES DISTRICT JUDGE
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10/06/2011
Date: _________________________

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-2JOINT 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 100511.doc