F.G. Crosthwaite and Russell E. Burns et al v. Sierra Equipment Rental, Inc. et al

Filing 13

ORDER Signed by Judge Susan Illston on 7/12/12. Initial Case Management Conference set for 7/20/12 is continued to 9/21/2012 02:30 PM in Courtroom 10, 19th Floor, San Francisco. Motions terminated: 12 MOTION to Continue CASE MANAGEMENT CO NFERENCE; DECLARATION OF BLAKE E. WILLIAMS IN SUPPORT THEREOF filed by Operating Engineers Local Union #3 of the International Union of Operating Engineers, AFL-CIO, Pension Trust Fund for Operating Engineers, Operating Engineers and Parti cipating Employers Pre-Apprenticeship Apprentice and Journeymen Affirmative Action Training Fund, Heavy and Highway Committee, F.G. Crosthwaite and Russell E. Burns, Pensioned Operating Engineers Health And Welfare Fund.. (tfS, COURT STAFF) (Filed on 7/13/2012)

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
Tel: [phone]
4 Facsimile: [phone]
[e-mail]
5 [e-mail]
6 Attorneys for Plaintiffs
7
8

UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

10 F. G. CROSTHWAITE, et al., as Trustees of
of the OPERATING ENGINEERS’ HEALTH
11 AND WELFARE TRUST FUND, et al.
12
13

Plaintiffs,
v.

SIERRA EQUIPMENT RENTAL, INC., a
14 California corporation; and MEL WEIR,
individually,
15
Defendants.
16

Case No.: C12-0327 SI
REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
DECLARATION OF BLAKE E.
WILLIAMS IN SUPPORT THEREOF
Date:
Time:
Ctrm:
Judge:

July 20, 2012
2:30 p.m.
10, 19th Floor
450 Golden Gate Avenue
San Francisco, California 94102
The Honorable Susan Illston

17
18

Plaintiffs respectfully request that the Case Management Conference scheduled for July

19 20, 2012, at 2:30 p.m., be continued for approximately sixty (60) days, as follows:
20

1.

A Complaint was filed in this action on January 20, 2012, to compel Defendants’

21 compliance with their obligations under the Collective Bargaining Agreement to which they are
22 signatory.
23

2.

In or about January 2012, Defendants, through their counsel, indicated that they

24 would like to enter into a two year payment plan, with payments starting in April 2012.
25 Defendants owe over $175,000.00. Because of the substantial amount of debt and the length of
26 the payment plan, Plaintiffs’ Trustees rejected the request.
27

3.

On March 20, 2012, the Complaint, Summons, and all applicable court documents

28 were sent out for service on Defendants.
-1REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C12-0327 SI
P:\CLIENTS\OE3CL\Sierra Equipment Rental\Pleadings\C12-0327 SI - Req to Continue CMC 071012.docx

1

4.

Defendants’ counsel stated that he was not authorized to accept service on behalf of

2 his clients. Therefore, Plaintiffs attempted to serve Defendants at their place of business, but
3 Defendants had moved out the prior month. See Request to Extend Time for Service, docket no.
4 10, ¶4, Exhibit A.
5

5.

Plaintiffs also attempted to serve Defendants at an alternate address, but that

6 address was also invalid. See Request to Extend Time for Service, docket no. 10, ¶8, Exhibit D.
7

6.

Further efforts were made by contacting a private investigator to conduct a search

8 on a valid address to serve Defendants. The result of the investigation is still pending.
9

7.

If Defendants cannot be located within thirty (30) days, Plaintiffs will attempt to

10 serve Defendants by publication or by other means necessary.
11

8.

The last day to serve Defendants is July 18, 2012. If Plaintiffs cannot locate

12 Defendants by that date, Plaintiffs will file a Request to Extend Time for Service.
13

9.

Therefore, there is nothing for the Court to consider at this time, and Plaintiffs

14 respectfully request that the Court continue the Case Management Conference for a period of sixty
15 (60) days to allow sufficient time to serve Defendants, and to allow time for Defendants’ to
16 respond to the Complaint.
17

I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above-

18 entitled action, and that the foregoing is true to the best of my knowledge and belief.
19

Executed this 10th day of July, 2012 at San Francisco, California.

20

SALTZMAN & JOHNSON
LAWCORPORATION

21

By: ___________/s/________________
Blake E. Williams
Attorneys for Plaintiffs

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23
24
25
26
27
28

IT IS SO ORDERED.
9/21/12
The Case Management Conference in this action is hereby continued to __________,
2012. All related deadlines are extended accordingly.

7/12/12
Dated: _________________

____________________________________
UNITED STATES DISTRICT JUDGE
-2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE
Case No.: C12-0327 SI

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