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

Filing 35

JOINT ORDER TO CONTINUE. Initial Case Management Conference set for 2/27/2012 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 12/12/2011. (tmi, COURT STAFF) (Filed on 12/12/2011)

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 W. 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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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:

December 19, 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 December 19, 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 120611.doc

1 auditor completed analyzing the documents and prepared an audit report.
2

3.

Prior to the November 2, 2011 mediation, Defendants made an offer to Plaintiffs,

3 apprising Plaintiffs of Defendants’ poor financial condition and intent to discontinue operations.
4 Following a teleconference with the Mediator, the parties (and the Mediator) determined the
5 mediation should not go forward as scheduled, but that Plaintiffs be afforded additional time to
6 review the offer and attempt to negotiate with Defendants directly. Financial documents have
7 been requested from Defendants to support their offer. Plaintiffs are currently awaiting those
8 documentation. The parties intend to negotiate directly and, if necessary, re-set mediation before
9 the appointed Mediator.
10

4.

The mediation deadline has been extended by this Court to February 1, 2012.

11 Plaintiffs have requested that Defendant provide certain financial information to support their
12 claim of financial distress for evaluation prior to a new mediation being scheduled.
13

5.

Plaintiffs’ counsel has a conflict with the December 19, 2011 date in that her firm’s

14 Holiday Party is scheduled for the same date and time as the upcoming Case Management
15 Conference. Even if the Court is not inclined to grant the requested continuance, Plaintiffs’
16 counsel requests a continuance of at least 14 days.
17

6.

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

18 as the parties are cooperating with one another to move toward resolution.
19

7.

We therefore jointly request that the Case Management Conference be continued

20 for 60 – 90 days to allow the parties ample time to negotiate a settlement.
21 Dated: December 8, 2011
22

By: ______________/S/________________
Michele R. Stafford
Attorneys for Plaintiffs

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24
25 Dated: December 8, 2011
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SALTZMAN & JOHNSON
LAWCORPORATION

LANG, RICHERT AND PATCH
By: ______________/S/________________
Matthew W. Quall
Attorneys for Defendant
Dun Engineering Services

-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 120611.doc

1
2

IT IS SO ORDERED.

The currently set Case Management Conference is hereby continued to
February 27, 2012
1:30 PM
3 __________________________ at __________________. All related deadlines are extended
accordingly.
4
12/12/2011
5 Date: _________________________
6

________________________________
UNITED STATES DISTRICT JUDGE

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-3JOINT 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 120611.doc