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

Filing 42

ORDER Continuing Case Management Conference. Initial Case Management Conference set for 7/9/2012 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 05/23/2012. (tmi, COURT STAFF) (Filed on 5/23/2012)

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 TO
VACATE OR CONTINUE
Date:
Time:
Courtroom:

June 4, 2012
1:30 p.m.
12, 19th Floor
450 Golden Gate Avenue
San Francisco, CA 94102

Defendants.

20

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 June 4, 2012, at 1:30 p.m., be either
25 vacated or continued for approximately 30 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 TO VACATE OR CONTINUE
Case No.: C11-1537 TEH

P:\CLIENTS\OE3CL\Dun Engineering Services 2\Pleadings\C11-1537 TEH - Joint Req to Continue CMC 052212.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.
7

4.

Financial documents to support Defendants’ claim of financial hardship were

8 produced by Defendants.
9

5.

The matter has now resolved, with a Notice of Settlement filed on or about May 3,

10 2012. The parties are working on settlement documents and expect the documents to be executed
11 and payment made within the next few weeks.
12

6.

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

13

7.

We therefore jointly request that the Case Management Conference either be

14 vacated or continued for 30 days to allow the parties to conclude the settlement. Plaintiffs will
15 thereafter dismiss the action with prejudice.
16 Dated: May 22, 2012
17

SALTZMAN & JOHNSON
LAWCORPORATION
By: _____________/s/_________________
Michele R. Stafford
Attorneys for Plaintiffs

18
19
20 Dated: May 22, 2012

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

21
22
23
24 IT IS SO ORDERED.
25

The currently set Case Management Conference is hereby vacated / continued to
July 9, 2012
__________________________ at __________________. All related deadlines are extended
1:30 p.m.
26 accordingly.
27
28

05/23/2012
Date: _________________________

________________________________
UNITED STATES DISTRICT JUDGE

-2JOINT CASE MANAGEMENT STATEMENT AND REQUEST TO VACATE OR CONTINUE
Case No.: C11-1537 TEH
P:\CLIENTS\OE3CL\Dun Engineering Services 2\Pleadings\C11-1537 TEH - Joint Req to Continue CMC 052212.doc