Crosthwaite et al v. Fremont Paving Company, Inc. et al

Filing 16

ORDER GRANTING 15 MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE Case Management Statement due by 3/30/2012. Initial Case Management Conference set for 4/6/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 12/14/11. (jjoS, COURT STAFF) (Filed on 12/14/2011)

Case3:11-cv-04417-JSW Document15

Filed12/09/11 Page1 of 3

1 Michele R. Stafford, Esq. (SBN 172509)
Blake E. Williams, Esq. (SBN 233158)
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
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8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

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F.G. CROSTHWAITE, et al.
Plaintiffs,

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12
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Case No.: C11-4417-JSW

v.
FREMONT PAVING COMPANY, INC., a
California Corporation, et al.,

PLAINTIFFS’ CASE MANAGEMENT
CONFERENCE STATEMENT and
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON

16

Date:
Time:
Ctrm:
Judge:

17

Plaintiffs herein respectfully submit their Case Management Statement, requesting that the

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Defendants.
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December 16, 2011
1:30 p.m.
11, 19th Floor
Honorable Jeffrey S. White

18 Case Management Conference, currently on calendar for December 16, 2011, be continued for
19 approximately 60 – 90 days.
20

1.

As the Court’s records will reflect, this action was filed on September 6, 2011, to

21 compel Defendants to comply with their Collective Bargaining Agreement.
22

2.

As the Court’s records will further reflect, service of process on Defendants was

23 effectuated as follows: Fremont Paving Company and Ellen Marie Lebon were served on
24 September 12, 2011; Donald Allen Lebon was served on September 14, 2011; Joseph James
25 Lebon was served on October 7, 2011. Proofs of Service of Summons were filed with the Court
26 on October 4, 2011 (Dkt. #9) and October 7, 2011 (Dkt. #11).
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3.

Since then, the parties have been in contact. Robert E. Carey, Jr., of Carey & Carey

28 Law Corporation advised Plaintiffs’ counsel that he was retained to represent the Defendants in
-1PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-4417-JSW
P:\CLIENTS\OE3CL\Fremont Paving Company Inc\Pleadings\C11-4417-JSW - Request to Continue CMC - 120911.DOC

Case3:11-cv-04417-JSW Document15

Filed12/09/11 Page2 of 3

1 this matter, and requested an extension of time to answer or otherwise respond to the Complaint,
2 to November 18, 2011. Plaintiffs’ counsel granted that request, and executed a Stipulation to that
3 effect on October 12, 2011. Since then, Plaintiffs’ counsel granted Defendants an additional
4 extension of time to answer or otherwise respond to the Complaint.
5

4.

Defendants were unaware of the extent of their debt to the Trust Funds as the

6 individual responsible for payment of Trust Fund contributions had been systematically converting
7 the contributions for her own use. The parties are working together to ascertain the extent of the
8 embezzlement, pursue prosecution of the individual responsible and work out a method for the
9 contributions to be paid. Due to this unusual fact pattern, discovery is being done informally and
10 cooperatively.
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5.

There are no issues that need to be addressed at the currently scheduled Case

12 Management Conference. In the interest of conserving costs as well as the Court’s time and
13 resources, Plaintiffs respectfully request that the Case Management Conference, currently
14 scheduled for December 16, 2011, be continued for 60-90 days to allow time for Defendants to file
15 their Answer.
16 Dated: December 9, 2011

SALTZMAN & JOHNSON
LAW CORPORATION

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By:

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/S/
Michele R. Stafford
Attorneys for Plaintiffs

20 IT IS SO ORDERED.
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Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case

April 6, 2012 at 1:30 p.m.
22 Management Conference is hereby continued to _____________________________. All related
23 deadlines are extended accordingly.
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December 14, 2011
Date: ____________________

_________________________________________
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT COURT JUDGE

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-2PLAINTIFFS’ CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-4417-JSW
P:\CLIENTS\OE3CL\Fremont Paving Company Inc\Pleadings\C11-4417-JSW - Request to Continue CMC - 120911.DOC