Pension Trust Fund For Operating Engineers et al v. Chevreaux Aggregates, Inc. et al

Filing 32

STIPULATION AND ORDER TO APPEAR TELEPHONICALLY AT THE CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Laurel Beeler on 7/30/2012. (ls, COURT STAFF) (Filed on 7/30/2012)

1 RICHARD C. JOHNSON (SBN 40881)
SHAAMINI A. BABU (SBN 230704)
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

UNITED STATES DISTRICT COURT

8

FOR THE NORTHERN DISTRICT OF CALIFORNIA

9 PENSION TRUST FUND FOR OPERATING
ENGINEERS; et al.,
10
Plaintiffs,
11
vs.
12
CHEVREAUX AGGREGATES, INC., et al.,
13
Defendants.
14

Case No.: CV 11-3285 LB

15

JOINT CASE MANAGEMENT
STATEMENT AND REQUEST TO
APPEAR TELEPHONICALLY;
[PROPOSED] ORDER THEREON
Date:

August 2, 2012

Time:

10:30 a.m.

Ctrm:

4, 3rd Floor

Judge:

The Honorable Laurel Beeler

16
17

Pursuant to this Court’s Minute Order dated May 24, 2012, Plaintiffs and Defendant

18 Martha E. Chevreaux, as Trustee for the Chevreaux Family Revocable Trust of 1973 and Martha
19 E. Chevreaux Revocable Trust of 2004 (referred to herein collectively as “Defendants Chevreaux
20 Trusts”) hereby submit this Joint Case Management Statement and Request to Appear
21 Telephonically at the Case Management Conference (“CMC”) on August 2, 2012.
22

1.

Since the time the CMC was held on May 24, 2012, Defendants Chevreaux Trusts

23 have provided additional documents to Plaintiffs that are revelvant to the determination of whether
24 Defendants Chevreaux Trusts are members of the same control group as Defendant Chevreaux
25 Aggregates, Inc., and the scope of the assets held by Defendants. Defendants intend to produce
26 additional documents prior to the CMC on August 2, 2012.
27

2.

Plaintiffs and Defendant Martha E. Chevreaux Revocable Trust of 2004 anticipate

28 entering into a stipulated judgment upon completing review of additional documents.

P:\CLIENTS\OE3WL\CASES\Chevreaux\CMC\Joint CMC Statement 072612.doc

-1JOINT CMC STATEMENT
Case No.: CV 11-3285 LB

1

3.

Plaintiffs anticipate dismissing Chevreaux Family Revocable Trust of 1973 from

2 this action upon completing review of additional documents.
3

4.

Default was entered against Defendants Chevreaux Aggregates, Inc. and Chevreaux

4 Concrete, Inc. on August 10, 2011. Docket No. 14. Plaintiffs anticipate filing a motion for default
5 judgment against Defendants Chevreaux Aggregates, Inc. and Chevreaux Concrete, Inc. upon
6 completing review of additional documents.
7

5.

Counsel for Plaintiffs and Defendants Chevreaux Trusts intend to appear at the

8 CMC calendared for August 2, 2012. In an effort to minimize attorneys’ fees counsel for the
9 parties respectfully request to appear telephonically. The telephone number for Shaamini Babu,
10 Plaintiffs’ counsel, is 415-321-2406. The telephone number for Dennis Murphy, Defendants
11 Chevreaux Trusts, is 916-329-3072.
12

Dated: July 26, 2012

SALTZMAN & JOHNSON LAW CORPORATION

13
By:
14

_
/s/
Shaamini A. Babu
Attorneys for Plaintiffs

15
Dated: Jul 26, 2012

MURPHY AUSTIN ADAMS SCHOENFELD

16
17

By:

18
19

/s/
Dennis R. Murphy
Attorney for Defendant Martha E. Chevreaux, as
Trustee for the Chevreaux Family Revocable Trust of
1973 and Martha E. Chevreaux Revocable Trust of
2004

20
21

ORDER

22

BASED ON THE FOREGOING and GOOD CAUSE APPEARING, counsel for the
parties are permitted to appear by phone for the Case Management Conference on August 2, 2012,
23 at 10:30 a.m. The Court will initiate the call to Ms. Babu and Mr. Murphy before their case is
called at or after 10:30 a.m.
24
25 IT IS SO ORDERED.
26 Date: July 30, 2012
27

________________________________________
THE HONORABLE LAUREL BEELER
UNITED STATES DISTRICT COURT JUDGE

28

P:\CLIENTS\OE3WL\CASES\Chevreaux\CMC\Joint CMC Statement 072612.doc

-2JOINT CMC STATEMENT
Case No.: CV 11-3285 LB