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

Filing 38

JOINT ORDER TO CONTINUE Case Management Conference and Mediation Deadline. Case Management Statement due by 5/14/2012. Initial Case Management Conference set for 5/21/2012 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Mediation Deadline is extended to 05/01/2012. Signed by Judge Thelton E. Henderson on 02/21/2012. (tmi, COURT STAFF) (Filed on 2/21/2012)

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
12
UNITED STATES DISTRICT COURT
13
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,

Case No.: C11-1537 TEH
JOINT CASE MANAGEMENT
STATEMENT AND REQUEST FOR
CONTINUANCE
Date:
Time:
Courtroom:

February 27, 2012
1:30 p.m.
12, 19th Floor
450 Golden Gate Avenue
San Francisco, CA 94102

Defendants.

20

Judge: Honorable Thelton E. Henderson
21

IT IS SO ORDERED AS MODIFIED

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

24 the Case Management Conference currently scheduled for February 27, 2012, at 1:30 p.m., as well
25 as the mediation deadline, be 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
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Case No.: C11-1537 TEH

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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.
7

4.

Financial documents to support Defendants’ claim of financial hardship have been

8 recently produced and Plaintiffs are currently reviewing the documentation.
9

5.

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

10 January 25, 2012, both parties participated in a mediation conference call and were advised to
11 address the issue of continuing the mediation deadline in this Case Management Conference
12 Statement.
13

6.

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

14 as the parties are cooperating with one another to move toward resolution.
15

7.

We therefore jointly request that the Case Management Conference, as well as the

16 mediation deadline, be continued for 60 – 90 days to allow the parties ample time to negotiate a
17 settlement.
18 Dated: February 16, 2012

SALTZMAN & JOHNSON
LAWCORPORATION

19
By: _____________/s/_________________
Michele R. Stafford
Attorneys for Plaintiffs

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21
22 Dated: February 16, 2012

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

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Pursuant to the parties’ stipulation, the currently set Case Management Conference is

2 hereby continued to May 21, 2012, at 1:30 PM. All related deadlines are extended accordingly.
3
The mediation deadline is also hereby extended to May 1, 2012.

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02/21/2012
8 Date: _________________________

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