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

Filing 20

ORDER :IT IS SO ORDERED.The time limit for service of the Complaint and Summons in this action is hereby extended to OCT. 5 2012; All related deadlines are extended accordingly., 18 MOTION to Continue CASE MANAGEMENT CONFERENCE; and RE QUEST TO EXTEND TIME FOR SERVICE 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 Participating Employers Pre-Appren ticeship 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. Initial Case Management Conference set for 12/14/2012 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 9/11/12. (tfS, COURT STAFF) (Filed on 9/12/2012)

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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: (415) 882-7900 4 Facsimile: (415) 882-9287 mstafford@sjlawcorp.com 5 bwilliams@sjlawcorp.com 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 the OPERATING ENGINEERS’ HEALTH 11 AND WELFARE TRUST FUND, et al. Plaintiffs, 12 13 REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE; and REQUEST TO EXTEND TIME FOR SERVICE [F.R.C.P. 4(m); L.R. 6-3]; v. 14 SIERRA EQUIPMENT RENTAL, INC., a California corporation; and MEL WEIR, 15 individually, Defendants. 16 Case No.: C12-0327 SI DECLARATION OF BLAKE E. WILLIAMS IN SUPPORT THEREOF Date: Time: Ctrm: 17 Judge: 18 September 20, 2012 2:30 p.m. 10, 19th Floor 450 Golden Gate Avenue San Francisco, California 94102 The Honorable Susan Illston 19 20 Plaintiffs respectfully request that (1) the Case Management Conference scheduled for 21 September 20, 2012, at 2:30 p.m., be continued for approximately ninety (90) days, and (2) the 22 Court, under Federal Rules of Civil Procedure Rule 4(m) and Northern District of California Civil 23 Local Rule 6-3, issue an Order extending the time for service of the Summons and Complaint, as 24 follows: 25 1. A Complaint was filed in this action on January 20, 2012, to compel Defendants’ 26 compliance with their obligations under the Collective Bargaining Agreement to which they are 27 signatory. 28 -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 091012.docx 1 2. In or about January 2012, Defendants, through their counsel, indicated that they 2 would like to enter into a two year payment plan, with payments starting in April 2012. 3 Defendants owe over $175,000.00. Because of the substantial amount of debt and the length of 4 the payment plan, Plaintiffs’ Trustees rejected the request. 5 3. On March 20, 2012, the Complaint, Summons, and all applicable court documents 6 were sent out for service on Defendants. 7 4. Defendants’ counsel stated that he was not authorized to accept service on behalf of 8 his clients. Therefore, Plaintiffs attempted to serve Defendants at their place of business, but 9 Defendants had moved out the prior month. See Request to Extend Time for Service, docket no. 10 10, ¶4, Exhibit A. 11 5. Plaintiffs also attempted to serve Defendants at an alternate address, but that 12 address was also invalid. See Request to Extend Time for Service, docket no. 10, ¶8, Exhibit D. 13 6. Defendant Sierra Equipment Rental, Inc. was served on July 25, 2012 through their 14 agent for service of process. Plaintiffs recently received the proof of service from the process 15 server and will be filing it with the Court today. However, the individual Defendant, Mel Weir, 16 could not be located. 17 7. Further efforts were made by contacting a private investigator to conduct a search 18 on a valid address to serve Defendant Weir. Plaintiffs are in the process of completing service by 19 substitution on a residential address researched by the investigator. Three attempts have been 20 made, with the fourth attempt being made either today or tomorrow. However, service will not be 21 deemed completed until ten (10) days after the mailing of the Complaint and Summons. 22 8. In addition, Plaintiffs are pursuing leads for personal service in the city of Chico, 23 California. 24 9. Once Defendants are served, Plaintiffs will immediately request entry of default 25 and file a Motion for Default Judgment. 26 10. The last day to serve Defendants is September 14, 2012. Therefore, Plaintiffs 27 request that the Court issue an Order extending the time for service of the Complaint and 28 -2REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C12-0327 SI P:\CLIENTS\OE3CL\Sierra Equipment Rental\Pleadings\C12-0327 SI - Req to Continue CMC 091012.docx 1 Summons for a period of twenty-one (21) days in order to allow Plaintiffs to complete substitute 2 service on Defendant Weir. 3 11. There is nothing for the Court to consider at this time, and Plaintiffs also 4 respectfully request that the Court continue the Case Management Conference for a period of 5 ninety (90) days to allow sufficient time to serve Defendants, to allow time for Defendants’ to 6 respond to the Complaint, and for the preparation of the Motion for Default Judgment. 7 I declare under penalty of perjury that I am the attorney for the Plaintiffs in the above- 8 entitled action, and that the foregoing is true to the best of my knowledge and belief. 9 Executed this 10th day of September, 2012 at San Francisco, California. SALTZMAN & JOHNSON LAWCORPORATION 10 11 By: ___________/s/________________ Blake E. Williams Attorneys for Plaintiffs 12 13 14 15 16 17 IT IS SO ORDERED. The time limit for service of the Complaint and Summons in this action is hereby extended Oct. 5 to _________________, 2012; and The Case Management Conference in this action is hereby continued to __________, Dec. 14 2012. All related deadlines are extended accordingly. 18 19 20 9/11/12 Dated: _________________ ____________________________________ UNITED STATES DISTRICT JUDGE 21 22 23 24 25 26 27 28 -3REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.: C12-0327 SI P:\CLIENTS\OE3CL\Sierra Equipment Rental\Pleadings\C12-0327 SI - Req to Continue CMC 091012.docx

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