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

Filing 27

ORDER GRANTING 26 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 7/27/2012. Initial Case Management Conference set for 8/3/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 6/22/12. (jjoS, COURT STAFF) (Filed on 6/22/2012)

Case3:11-cv-04417-JSW Document26 Filed06/21/12 Page1 of 4

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
7 Robert E. Carey, Jr., Esq. (State Bar No. 47556)
CAREY & CAREY, A LAW CORPORATION
8 Post Office Box 1040
Palo Alto, CA 94302
9 [phone]
[phone] – Facsimile
10 [e-mail]
11 Attorneys for Defendant Fremont Paving Company, Inc.
12

UNITED STATES DISTRICT COURT

13

FOR THE NORTHERN DISTRICT OF CALIFORNIA

14

F.G. CROSTHWAITE, et al.
Plaintiffs,

15
16
17

Case No.: C11-4417-JSW

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

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

20

Date:
Time:
Ctrm:
Judge:

21

Plaintiffs and Defendant Fremont Paving Company, Inc. herein respectfully submit their

18
Defendants.
19

June 29, 2012
1:30 p.m.
11, 19th Floor
Honorable Jeffrey S. White

22 Joint Case Management Statement, requesting that the Case Management Conference, currently
23 on calendar for June 29, 2012, be continued for approximately 30 days.
24

1.

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

25 compel Defendants to comply with their Collective Bargaining Agreement.
26

2.

As the Court’s records will further reflect, service of process on Defendant Fremont

27 Paving Company, Inc. was effectuated on September 12, 2011. A Proof of Service of Summons
28 was filed with the Court on October 4, 2011 (Dkt. #9).
-1JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-4417-JSW
P:\CLIENTS\OE3CL\Fremont Paving Company Inc\Pleadings\C11-4417-JSW - Request to Continue CMC - 062112.DOC

Case3:11-cv-04417-JSW Document26 Filed06/21/12 Page2 of 4

3.

1

Robert E. Carey, Jr., Esq. of Carey & Carey Law Corporation appeared on behalf

2 of Defendant Fremont Paving Company, and filed a Stipulation to Extend The Time Within
3 Which Defendants May Answer or Otherwise Respond to The Complaint (Dkt. #12) with the
4 Court on October 12, 2011. Plaintiffs granted additional extensions of time for Defendant Fremont
5 Paving Company to respond to the Complaint thereafter.
6

4.

Plaintiffs filed their First Amended Complaint on April 5, 2012 (Dkt. #19).

7

5.

Service of process on Defendant Brittany Danielle Lebon was effectuated on April

8 11, 2012, and a Proof of Service of Summons was filed with the Court on April 17, 2012 (Dkt.
9 #21).
10

6.

On May 8, 2012, the Court entered the default of Defendant Brittany Danielle

11 Lebon (Dkt. #25). To date, Defendant Brittany Danielle Lebon has failed to plead or otherwise
12 defend or appear in this action. Therefore, Plaintiffs are currently preparing a Motion for Default
13 Judgment as to Brittany Danielle Lebon, which they anticipate filing with the Court promptly.
14

7.

Plaintiffs and Defendant Fremont Paving Company have been in continuous

15 negotiations regarding possible settlement by payment plan, and require an additional 30 days to
16 determine whether an agreement can be reached. Should the matter fail to settle within that time
17 period, Plaintiffs intend to file a Motion for Summary Judgment as to Defendant Fremont Paving
18 Company, Inc.
19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
-2JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-4417-JSW
P:\CLIENTS\OE3CL\Fremont Paving Company Inc\Pleadings\C11-4417-JSW - Request to Continue CMC - 062112.DOC

Case3:11-cv-04417-JSW Document26 Filed06/21/12 Page3 of 4

1

8.

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

2 Management Conference. In the interest of conserving costs as well as the Court’s time and
3 resources, Plaintiffs respectfully request that the Case Management Conference, currently
4 scheduled be continued for 30 days.
5 Dated: June 21, 2012

SALTZMAN & JOHNSON
LAW CORPORATION

6
By:

7
8
9 Dated: June 21, 2012

CAREY & CAREY, A LAW
CORPORATION

10
11

By:

12
13
14
15
16
17

/S/
Michele R. Stafford
Attorneys for Plaintiffs

/S/
Robert E. Carey, Jr.
Attorneys for Defendant Fremont Paving
Company, Inc.

IT IS SO ORDERED.
Based on the foregoing, and GOOD CAUSE APPEARING, the currently set Case
August 3, 2012 at 1:30 p.m.
Management Conference is hereby continued to _____________________________. All related
deadlines are extended accordingly.

18
June 22, 2012
19 Date: ____________________
20

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

21
22
23
24
25
26
27
28
-3JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Case No.: C11-4417-JSW
P:\CLIENTS\OE3CL\Fremont Paving Company Inc\Pleadings\C11-4417-JSW - Request to Continue CMC - 062112.DOC